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9 <br /> c. The Design-Builder has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. It shall be the Design-Builder's <br /> responsibility to furnish the Owner documentary evidence showing the materials used and sales <br /> and use tax paid by the Design-Builder and each of its subcontractor. <br /> d. Should the Owner receive notice that the Design-Builder has failed to pay a <br /> subcontractor/supplier for the Work performed related to a Request for Payment, Owner shall <br /> have the authority to withhold payment of the disputed amount until the parties resolve the <br /> payment dispute to the satisfaction of the Owner. Failure to pay the Design-Builder pursuant to <br /> this section of the Agreement shall not be deemed to be a breach of the Agreement. <br /> 6. NON—APPROPRIATION <br /> a. Design-Builder acknowledges that Owner is a governmental entity, and the validity of this <br /> Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. <br /> b. In the event that public funds are unavailable and not appropriated for the performance of <br /> Owner's obligations under this Agreement, then this Agreement shall automatically expire <br /> without penalty to Owner immediately upon written notice to Design-Builder of the <br /> unavailability and non-appropriation of public funds.It is expressly agreed that Owner shall not <br /> activate this non-appropriation provision for its convenience or to circumvent the requirements <br /> of this 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 functions, <br /> by state and/or federal legislative or regulatory action,which adversely affects Owner's authority <br /> to continue its obligations under this Agreement, then this Agreement shall automatically <br /> terminate without penalty to Owner upon written notice to Design-Builder of such limitation or <br /> 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: Design-Builder: <br /> Orange County T.A. Loving Company <br /> Attn: Jeff Thompson David Philyaw <br /> P.O.Box 8181 400 Patetown Rd. <br /> Hillsborough,NC 27278 Goldsboro,NC 27530 <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 Design-Builder 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 /> Revised 6/16 5 <br />