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DocuSign Envelope ID: ACF53DOB- DE31- 493C- AC79- 4B38761278A7 <br />by the State Treasurer pursuant to G. S. 147 - 86.58. <br />h. By executing this Agreement Contractor certifies that Contractor has not been identified, <br />and has not utilized the services of any agent or subcontractor identified, on the list created <br />by the State Treasurer pursuant to G. S. 147 - 86.81. <br />i. Contractor shall at all times remain in compliance with all applicable local, state, and <br />federal laws, rules, and regulations including but not limited to all state and federal non- <br />discrimination laws, policies, rules, and regulations and the Orange County Non - <br />Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated <br />herein by reference and may be viewed at <br />http: / /www.oran eg countync. o�partments /purchasing division/contracts.php). Any <br />violation of the Orange County Non - Discrimination Policy is a breach of this Agreement <br />and County may immediately terminate this Agreement without further obligation on the <br />part of the County. This paragraph is not intended to limit and does not limit the definition <br />of breach to discrimination. <br />j. This Agreement together with any amendments or modifications may be executed <br />electronically. All electronic signatures affixed hereto evidence the consent of the Parties <br />to utilize electronic signatures and intent of the Parties to comply with Article IIA and <br />Article 40 of North Carolina General Statute Chapter 66. <br />12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br />a. Owner and Contractor 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 Contractor for office expenses, including personnel, loss of <br />financing, profit, income, business, damage to reputation, or any other non - direct <br />damages. <br />b. Liquidated damages shall be in accord with the Contract Documents. <br />13. TERMINATION OR SUSPENSION <br />a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or <br />interrupt the Work in whole or in part for such period of time as the Owner may determine. <br />i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such <br />order is not due to or as a result of any fault on the part of the Contractor or any <br />subcontractor, the Contractor may recover a per diem amount of five hundred <br />dollars ($500.00) per day with a not -to- exceed limit of ten thousand dollars <br />($10,000.00). <br />ii. In the event of termination by the Owner under this Agreement, the Contractor <br />shall be entitled to receive its reasonable and documented direct costs prior to <br />termination, including the cost of materials purchased for the Work which <br />purchases cannot be canceled or which material cannot reasonably be used by the <br />Contractor on other work, and the cost of closing down the work in a safe and <br />Revised 10/17 7 <br />