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Revised 12/18 7 <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 Work and shall have the authority to render decisions within guidelines <br />established by the County Manager and/or the County Board of Commissioners and shall <br />be available during working hours as often as may be reasonably required to render <br />decisions and to furnish information. <br />j. 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.orangecountync.gov/departments/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 />k. 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 11A 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. If the Contract <br />Documents do not otherwise address liquidated damages, such damages shall be in the <br />amount of five hundred dollars ($500.00) per day. <br />DocuSign Envelope ID: 895794A1-47D9-444F-B6C1-DD2B2037ECC6