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DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 <br /> a. Contractor acknowledges that Town and Owner are governmental entities, and the validity <br /> of this Agreement is based upon the availability of public funding under the authority of its <br /> statutory mandate. <br /> b. In the event that public funds are unavailable and not appropriated for the performance of <br /> Town or Owner's obligations under this Agreement, then this Agreement shall <br /> automatically expire without penalty to Town or Owner immediately upon written notice <br /> to Contractor of the unavailability and non-appropriation of public funds. It is expressly <br /> agreed that neither Town nor Owner shall activate this non-appropriation provision for its <br /> convenience or to circumvent the requirements of this Agreement, but only as an <br /> emergency fiscal measure during a substantial fiscal crisis. <br /> c. In the event of a change in the Town or Owner's statutory authority, mandate and/or <br /> mandated functions, by state and/or federal legislative or regulatory action, which <br /> adversely affects Town or Owner's authority to continue its obligations under this <br /> Agreement, then this Agreement shall automatically terminate without penalty to the Town <br /> or Owner upon written notice to Contractor of such limitation or change in the Town's or <br /> Owner's legal authority. <br /> 10. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified mail, return <br /> receipt requested to the following: <br /> Owner: Town: Contractor: <br /> Orange County Town of Chapel Hill Triangle Landscaping, Inc <br /> Attn: AMS Attn: Ralph Karpinos PO Box 144 <br /> P.O. Box 8181405 Martin Luther King Jr, Blvd Stem,NC 27581 <br /> Hillsborough,NC 27278 Chapel Hill,NC 27514 <br /> 11. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any <br /> Duties and Obligations imposed by state, federal or local law, rules, regulations and <br /> ordinances. <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 <br /> constitute any approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as required by the Contract Documents and as <br /> required by law. Unless prohibited by law the costs of all such tests and inspections <br /> related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, <br /> Mechanical and Building Codes shall be borne by the Contractor. The costs for material <br /> and structural testing shall be conducted by an independent third party at the expense of the <br /> Owner. Delays related to any of the aforementioned tests and inspections shall not be <br /> grounds for delaying the completion of the work. If any such tests and inspections reveal <br /> deficiencies in the Work such that the Work does not comply with terms or requirements <br /> of the Contract Documents and/or the requirements of any code or law the Contractor is <br /> solely responsible for the cost of bringing such deficiencies into compliance with the terms <br /> of the Contract Documents and/or any code or law. <br /> Revised 12/18 6 <br />