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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> to any action, negligence, omission, or delay of the Owner. In any suit for the <br /> collection of or involving the assessment of liquidated damages, the reasonableness of <br /> the amount stipulated in the Contract Documents will be presumed. The liquidated <br /> damages referred to herein are intended to be and are cumulative, and will be in <br /> addition to every other remedy now or hereafter enforceable at law, in equity, by <br /> statute, or under the contract. Permitting the Design-Builder to continue and finish the <br /> work or any part thereof after the expiration of the completion date shall in no way <br /> operate as a waiver on the part of the Owner of any of its rights under this Agreement. <br /> (ii) Liquidated Damages as described in paragraph 9.a.i are set at $550.00 per calendar <br /> day. <br /> (iii) Design-Builder acknowledges any contract between a political subdivision of the state <br /> and another party includes by implication the existing law of the State of North <br /> Carolina. The waiver of sovereign immunity therefore is limited to the waiver of <br /> immunity for contracts that include the law of North Carolina. To preserve its <br /> sovereign immunity Owner may not agree to waive provisions of North Carolina law. <br /> A clause requiring liquidated damages or cancellation fees to be paid by the Owner <br /> changes the law under which sovereign immunity for breach of contract was waived. <br /> Therefore, the Owner, as a political subdivision of North Carolina, cannot agree to a <br /> clause providing for liquidated damages or cancellation fees to be paid by Owner. <br /> b. Owner and Design-Builder 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 Design-Builder for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> 10. ENTIRE AGREEMENT <br /> All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, <br /> together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, <br /> labor, materials, and completed construction required by the Contract Documents and all parts thereof is the <br /> Work. The Contract Documents constitute the entire agreement between Owner and Design-Builder. This <br /> Agreement may be amended only by written instrument signed by both parties. Modifications may be <br /> evidenced by facsimile signatures. If any provision of the Agreement or Supplementary Conditions shall be <br /> declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 6/16 7 <br />