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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 46 <br /> 33.3 In the event of termination by the Owner under this Article, the Design-Builder shall be <br /> entitled to receive the reasonable and documented direct costs incurred prior to termination, <br /> including the cost of materials purchased for the Work which purchases cannot be canceled or <br /> which material cannot reasonably be used by the Design-Builder on other work, and the cost of <br /> closing down the Project in a safe and efficient manner, plus ten percent (10%) thereof for <br /> overhead and profit, subject to the following conditions: <br /> a) When the Contract is terminated before completion of all items of Work, payment shall be <br /> made for the actual number of units or items of Work completed at the applicable contract <br /> prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot <br /> be reached, the Owner shall have the authority to make such equitable adjustment as it deems <br /> warranted and the Final Payment shall be made accordingly. <br /> b) Reimbursement for organization of any Work and moving equipment to and from the job shall <br /> be considered when not otherwise provided for in the Contract Documents where the volume of <br /> completed Work is too small to compensate the Design-Builder for those expenses under unit <br /> prices. If a mutual agreement cannot be reached, the Owner will have the authority to make <br /> such equitable adjustments as it deems warranted and the Final Payment will be made <br /> accordingly. <br /> c) Materials obtained by the Design-Builder for the Work that have been inspected and <br /> accepted by the Owner's Authorized Representative and that are not incorporated in the Work <br /> shall, at the request of the Design-Builder, be purchased from the Design-Builder at the Design- <br /> Builder's actual cost as shown by receipted bills and actual costs records at such points of <br /> delivery as may be determined by the Owner. <br /> d) No payment shall be made by Owner to Design-Builder except as herein above provided. No <br /> claim for loss of anticipated profits shall be considered or allowed. <br /> e) Termination of the Contract shall not relieve the Design-Builder of its responsibilities for any <br /> completed portion of the Work nor shall it relieve its sureties of their obligation for and <br /> concerning any just claims arising out of the Work performed. The Design-Builder shall not be <br /> entitled to any other compensation, including compensation for lost profit, lost opportunity, or <br /> any other direct or consequential cost, loss, or damage. <br /> ARTICLE 34 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PROGRAM <br /> 34.1 The Design-Builder shall at all times comply with the Orange County Minority and Women <br /> Owned Business Enterprise Policy. All documentation substantiating compliance with the <br /> requirements of this program shall be delivered to the Owner as stipulated in the Contract <br /> Documents. A copy of the Orange County Minority and Women Owned Business Enterprise <br /> Policy is included in the Project Manual. <br /> ARTICLE 35 E-VERIFY IRAN DIVESTMENT AND DIGITAL SIGNATURES <br /> 35.1 Pursuant to the terms of North Carolina General Statutes no county may enter into a <br /> contract unless the contractor and its subcontractors comply with the requirements of Article 2 <br /> of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain <br /> Revised 2/17 <br />