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DocuSign Envelope ID:AAB48FBD-7E41-49ED-AF28-FCE317917B07 <br /> f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of <br /> Contractor are and shall remain in compliance with Article 2 of 64 of the North <br /> Carolina General Statutes. <br /> g. By executing this Agreement Contractor certifies that Contractor has not been identified, <br /> and has not utilized the services of any agent or subcontractor, on the list created by the <br /> State Treasurer pursuant to G.S. 147-86.58. <br /> h. Contractor shall at all times remain in compliance with all applicable local, state, and <br /> federal laws, rules, and regulations including but not limited to all state and federal anti- <br /> discrimination laws, policies, rules, and regulations and the Orange County Anti- <br /> Discrimination Policy. Any violation of this requirement is a breach of this Agreement <br /> and County may immediately terminate this Agreement without further obligation on the <br /> part of the County. This paragraph is not intended to limit and does not limit the definition <br /> of breach to discrimination. <br /> i. This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the intent of the Parties to <br /> comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential <br /> damages. Consequential Damages include: <br /> i. Damages incurred by Owner for loss of use, income, financing, or business. <br /> ii. Damages incurred by Contractor for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> b. Liquidated damages shall be in accord with the Contract Documents. <br /> 13. TERMINATION OR SUSPENSION <br /> a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or <br /> interrupt the Work in whole or in part for such period of time as the Owner may determine. <br /> In the event of termination by the Owner under this Agreement, the Contractor shall be <br /> entitled to receive its reasonable and documented direct costs prior to termination, <br /> including the cost of materials purchased for the Work which purchases cannot be canceled <br /> or which material cannot reasonably be used by the Contractor on other work, and the cost <br /> of closing down the work in a safe and efficient manner. <br /> i. If Owner orders a delay, suspension or interruption of the Work, and such order is <br /> not due to or as a result of any fault on the part of the Contractor, the Contractor <br /> may recover a per diem amount at a rate calculated by NA. <br /> ii. If Contractor elects to accept the amount listed in the General Conditions provision <br /> of the Construction Documents Contractor waives any right to further claims for <br /> payment of damages sustained as a result of Owner's order to delay, suspend or <br /> interrupt the Work. <br /> Revised 6/16 7 <br />