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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 <br />Renovation, and Repair Projects (the policy is incorporated herein by reference and may be viewed <br />at http: / /www.oran eg counter og v /departments /purchasing division/contracts.php). Mediation in <br />accordance with those rules and procedures shall be a condition precedent that must occur before <br />any party may bring a civil action against the Owner, Project Designer, or CMAR. <br />51.2 In no event may either party to the contract initiate any arbitration proceeding and under no <br />circumstances shall any arbitrator have authority to hear or decide any issue in dispute between the <br />parties hereto. <br />51.3. Should a dispute arise that cannot be finally settled through the claims and dispute resolution <br />procedures in this Contract, the CMAR agrees that any civil action related to the Project in which <br />the Owner is or may be a party shall be brought only in the General Court of Justice of North <br />Carolina, Superior Court Division, seated in Orange County, North Carolina. Any such action shall <br />be tried by a judge without a jury. <br />52. CONTRACTOR EVALUATION <br />52.1. The CMAR's overall Work performance on the Project shall be fairly evaluated for determining <br />qualifications to bid on future Orange County capital improvement projects. In addition to final <br />evaluation, interim evaluation may be prepared during the progress of the Project. The Owner may <br />request the CMAR's comments to evaluate the Project Designer. <br />53. MISCELLANEOUS <br />53.1 This Contract together with any amendments or modifications may be executed electronically. All <br />electronic signatures affixed hereto evidence the consent of the parties to utilize electronic <br />signatures and the intent of the Parties to comply with Article 11A and Article 40 of North <br />Carolina General Statute Chapter 66. <br />53.2 By executing this Contract the Contractor certifies that Contractor has not been identified, and has <br />not utilized the services of any agent or subcontractor identified, on the list created by the State <br />Treasurer pursuant to G.S. 147 - 86.58. By executing this Contract the Contractor certifies that <br />Contractor has not been identified, and has not utilized the services of any agent or subcontractor <br />identified, on the list created by the State Treasurer pursuant to G. S. 147 - 86.81. <br />54. NOTICES <br />54.1 Whenever any provision of the Contract Documents requires the giving of notice or written notice <br />such notice shall be delivered in writing. It shall be deemed to have been validly given if <br />delivered in person to, and signed for by, the individual or to a member of the firm or to an officer <br />of the corporation or organization for whom it is intended or if delivered or sent by registered or <br />certified mail, postage prepaid, addressed as follows: <br />If to Owner: <br />Orange County Manager <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />[SIGNATURE PAGE TO FOLLOW] <br />Page 48 of 53 <br />Revised 10/17 <br />If to CMAR: <br />Bordeaux Construction, Attention Blair Bordeaux <br />135 E. Martin Street, Suite 101 <br />Raleigh, NC 27601 <br />