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Owner: Contractor: <br />Orange County Otis Elevator Company <br />Attn: Alan Dorman Attn: Randy Waters <br />P.O. Box 8181 200 Perimeter Park Drive Suite A <br />Hillsborough, NC 27278 Morrisville, NC 27560 <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. Contractor shall only be required to conduct tests and inspections directly <br />related to the Work. Contractor shall not be responsible for tests and inspections all related <br />costs conducted by other vendors. 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 <br />of the aforementioned tests and inspections shall not be grounds for delaying the <br />completion of the work. If any such tests and inspections reveal deficiencies in the Work <br />such that the Work does not comply with terms or requirements of the Contract Documents <br />and/or the requirements of any code or law the Contractor is solely responsible for the cost <br />of bringing such deficiencies into compliance with the terms of the Contract Documents <br />and/or any code or law. <br />d. Should the Architect, if an architect is retained for the project involving the Work, or <br />Owner reject any portion of the Work for failing to comply with the Contract Documents <br />Contractor shall immediately, at Contractor’s expense, correct the Work. Any such <br />rejection may be made before or after substantial completion. If applicable, any additional <br />expense borne by the Architect 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 <br />its entirety without the prior written consent of the Owner. <br />f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of <br />Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North <br />Carolina General Statutes. <br />g. 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. 147-86.58. <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. The County has designated (Alan Dorman) to act as the County's representative with <br />respect to the <br />Revised 12/18 6 <br />DocuSign Envelope ID: 47D12065-7220-4277-A47F-FC1DAC0CA54F