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055 <br /> (1) The rights and remedies of the County provided in this <br /> section (6) shall not be exclusive and are in addition to any other <br /> rights and remedies provided by law or under this contract. <br /> (g) As used in paragraph (c) of this section (6), the term <br /> "subcontractor" includes both the singular and plural and means <br /> subcontractor(s) at any tier. <br /> (7) Excusable Delays. Except with respect to defaults of <br /> subcontractors, the Company shall not be in default by reason of <br /> any failure in performance of this contract in accordance with its <br /> terms (including any failure by the Company to make progress in the <br /> prosecution of the work hereunder which endangers such <br /> performance) if such failure arises out of causes beyond the control <br /> and without ,the fault or negligence of the Company. Such causes <br /> may include, but are not restricted to, acts of God or of the public <br /> enemy; acts of the United States or the State of North Carolina; acts <br /> of the County in either its sovereign or contractual capacity; fires; <br /> floods; epidemics; quarantine restrictions; strikes; freight <br /> embargoes; and unusually severe weather, but in every case the <br /> failure to perform must be beyond the control and without the fault <br /> or negligence of the Company. If the failure to perform is caused <br /> by the failure of a subcontractor to perform or make progress, and <br /> if such failure arises out of causes beyond the control of both the <br /> Company and the subcontractor, and without the fault or negligence <br /> of either of them, the Company shall not be deemed to be in default <br /> unless (a) the equipment, material and/or services to be furnished <br /> by the subcontractor were obtainable from other sources, ( b) the <br /> County shall have ordered the Company in writing to procure such <br /> equipment, material and/or services from such other sources, and (c) <br /> the Company shall have failed to comply reasonably with such order. <br /> Upon request of the Company, the County shall ascertain the facts <br /> and extent of the failure in performance of this contract and, if it <br /> shall determine that the failure to perform was occasioned by any <br /> one or more causes beyond the control of the contractor or the <br /> subcontractor when the subcontractor's failure cannot be remedied as <br /> herein provided, the performance schedule shall be revised, <br /> accordingly, subject to the rights of the County under section (5) of <br /> this contract. The term "subcontractor," as used in this section (7), <br /> includes both the singular and the plural and means <br /> subcontractor(s) at any tier. <br /> In all cases where delays are not excusable as herein defined <br /> and in addition to all other remedies provided by law and in this <br /> contract the Company shall be liable to the County for liquidated <br /> damages as particularly described in the bid documents which are a <br /> part of this contract. <br /> IN WITNESS WHEREOF, the Company and the County have caused this <br /> contract to be legally executed, in duplicate each of which shall <br /> constitute an original, all as of the day and year first about <br /> -4- <br />