Orange County NC Website
Browse       Search
DocuSign Envelope ID: 313DA256 -1EDE- 4396- A716- 4C53B809027E <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 />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 />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 />e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br />entirety without the prior written consent of the Owner. <br />9. CONSEQUENTIAL DAMAGES <br />a. Owner and Contractor mutually waive any claim against each other for consequential damages. <br />Consequential Damages include: <br />(i) Damages incurred by Owner for loss of use, income, financing, or business. <br />(ii) Damages incurred by Contractor 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 Contractor. 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 shall be declared invalid or <br />unenforceable, the remainder of the Agreement shall continue in full force and effect. <br />IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date <br />first above written in a number of counterparts, each of which shall, without proof or accounting for other <br />counterparts, be deemed an original contract. <br />[SIGNATURE PAGE TO FOLLOW] <br />Revised 9/13 5 <br />