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<br />Revised 10/17 <br /> <br /> <br />5 <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 Contractor of the unavailability <br />and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this <br />non-appropriation provision for its convenience or to circumvent the requirements of this <br />Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> <br />c. In the event of a change in the Owner’s statutory authority, mandate and/or mandated <br />functions, by state and/or federal legislative or regulatory action, which adversely affects <br />Owner’s authority to continue its obligations under this Agreement, then this Agreement shall <br />automatically terminate without penalty to Owner upon written notice to Contractor of such <br />limitation or change in Owner’s legal authority. <br /> <br />7. NOTICES <br /> <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 /> <br /> Owner: Contractor: <br /> Orange County H.M. Kern Corporation <br /> Attn: Angel Barnes Attn: Jason Kepley <br /> P.O. Box 8181 160 Thatcher Road <br /> Hillsborough, NC 27278 Greensboro, NC 27409 <br /> <br />8. MISCELLANEOUS <br /> <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 /> <br />b. No act or failure to act by the Owner or Contractor 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 /> <br />c. The Work shall be tested and inspected as required by the Contract Documents and as required <br />by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br />federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br />Codes shall be borne by the Contractor. The costs for material and structural testing shall be <br />conducted by an independent third party at the expense of the Owner. Delays related to any of <br />the aforementioned tests and inspections shall not be grounds for delaying the completion of <br />the work. If any such tests and inspections reveal deficiencies in the Work such that the Work <br />does not comply with terms or requirements of the Contract Documents and/or the <br />requirements of any code or law the Contractor is solely responsible for the cost of bringing <br />such deficiencies into compliance with the terms of the Contract Documents and/or any code <br />or law. <br /> <br />d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br />reject any portion of the Work for failing to comply with the Contract Documents Contractor <br />shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be <br />made before or after substantial completion. If applicable, any additional expense borne by the <br />Designer under this section shall be paid at Contractor’s expense. <br />8