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DocuSign Envelope ID: 72E7BD50- E5C5- 4BEA- B4AA- FCA907469BF8 <br />W <br />ARTICLE 28. DISPUTE RESOLUTION <br />28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br />this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect <br />to any provision of, or the performance or nonperformance of, this Agreement shall be brought <br />in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it <br />is agreed by the parties that no other court shall have jurisdiction or venue with respect to such <br />suits or actions. In any dispute arising pursuant to the terms of this Agreement the Parties shall <br />follow and abide by the Rules and Procedures for Orange County Design, Building <br />Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference <br />and may be viewed at <br />http: / /www.orangecountync.gov /departments /purchasing division /contracts.php). Regardless of <br />the outcome of any dispute each Party shall be responsible for its own legal costs including <br />reasonable attorneys' fees. <br />28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to <br />provide material, supplies, equipment, work, performance or payment bonds, insurance or <br />indemnification for the construction of the Project or the Work shall be deemed a party to this <br />Agreement solely for the purpose of this Article 28. The Contractor, by means of its <br />subcontracts, shall specifically require its Subcontractors to be bound by this Article. <br />ARTICLE 29. TAXES <br />29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br />authority on the Work or the labor and materials used therein. The Contractor shall maintain all <br />tax records during the life of the Project and furnish the Owner with a complete listing of all <br />taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the <br />Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three <br />(3) years after Final Payment or turn said documents over to the Owner for his files. <br />29.2 The following is a list of requirements to be followed by the Contractor in maintaining <br />proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use <br />Tax. The Contractor shall comply fully with the requirements outlined below, in order that the <br />Owner may recover the amount of the tax permitted under the law. <br />a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing <br />the materials used and sales and use tax paid by the Contractor and each of his <br />Subcontractors. Such evidence shall be transmitted to the Owner with each pay request <br />regardless of whether taxes were paid in that period. <br />b) The documentary evidence shall consist of a certified statement by the Contractor and each <br />of the Contractor's Subcontractors individually, showing total purchases of materials from each <br />separate vendor and total sales and use taxes paid to each vendor. Certified statements must <br />show the invoice number, or numbers, covered, and inclusive dates of such invoices. <br />c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a <br />certified statement at warehouse stock prices. <br />d) The Contractor shall not be required to certify the Subcontractor's statements. <br />Revised 10/17 <br />