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11 <br /> intended to be and are cumulative, and will be in addition to every other remedy now or <br /> hereafter enforceable at law, in equity,by statute, or under the contract. Permitting the <br /> Design-Builder to continue and finish the work or any part thereof after the expiration <br /> of the completion date shall in no way operate as a waiver on the part of the Owner of <br /> 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 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 Carolina. <br /> The waiver of sovereign immunity therefore is limited to the waiver of immunity for <br /> contracts that include the law of North Carolina. To preserve its sovereign immunity <br /> Owner may not agree to waive provisions of North Carolina law. A clause requiring <br /> liquidated damages or cancellation fees to be paid by the Owner changes the law under <br /> which sovereign immunity for breach of contract was waived. Therefore,the Owner, as <br /> a political subdivision of North Carolina, cannot agree to a clause providing for <br /> 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 evidenced <br /> by facsimile signatures.If any provision of the Agreement or Supplementary Conditions shall be declared invalid <br /> 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 />