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DocuSign Envelope ID:2E5A8509-E4CD-4A45-9241-C69B05F6A27D <br /> and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this <br /> non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> c. In the event of a change in the Owner's statutory authority, mandate and/or mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects <br /> Owner's authority to continue its obligations under this Agreement, then this Agreement shall <br /> automatically terminate without penalty to Owner upon written notice to Contractor of such <br /> limitation or change in Owner's legal authority. <br /> 7. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County McQueen Construction, Inc. <br /> Attn: Marabeth Carr Harvey McQueen <br /> P.O. Box 8181 719 Patrick Court <br /> Hillsborough,NC 27278 Bahama,N.C. 27503 <br /> 8. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state, federal or local law, rules, regulations and ordinances. <br /> b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or <br /> duty granted them under the Contract Documents, nor shall any act or failure to act constitute <br /> any approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as required by the Contract Documents and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor. The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the Owner. Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work. If any such tests and inspections reveal deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and/or the <br /> requirements of any code or law the Contractor is solely responsible for the cost of bringing <br /> such deficiencies into compliance with the terms of the Contract Documents and/or any code <br /> or law. <br /> d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br /> reject any portion of the Work for failing to comply with the Contract Documents Contractor <br /> shall immediately, at Contractor's expense, correct the Work. Any such rejection may be <br /> made before or after substantial completion. If applicable, any additional expense borne by the <br /> Designer under this section shall be paid at Contractor's expense. <br /> e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br /> entirety without the prior written consent of the Owner. <br /> Revised 6/16 5 <br />