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<br />Revised 07/20 <br /> <br />6 <br />part, approve the claim in whole or in part or advise the parties the claim is unable <br />to be resolved. <br />iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the <br />surety. <br /> <br />9. NON–APPROPRIATION <br />a. Contractor acknowledges that Owner is a governmental entity, and the validity of this <br />Agreement is based upon the availability of public funding under the authority of its <br />statutory mandate. <br /> <br />b. In the event that public funds are unavailable and not appropriated for the performance of <br />Owner’s obligations under this Agreement, then this Agreement shall automatically expire <br />without penalty to Owner immediately upon written notice to Contractor of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that Owner <br />shall not activate this non-appropriation provision for its convenience or to circumvent the <br />requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br /> <br />c. In the event of a change in the Owner’s statutory authority, mandate or mandated <br />functions, by state or federal legislative or regulatory action, which adversely affects <br />Owner’s authority to continue its obligations under this Agreement, then this Agreement <br />shall automatically terminate without penalty to Owner upon written notice to Contractor <br />of such limitation or change in Owner’s legal authority. <br /> <br />10. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered <br />mail, return receipt requested to the following: <br /> <br /> Owner: Contractor: <br /> Orange County BBUDC INC <br /> Attn: AMS Attn: Isaac Woods <br /> P.O. Box 8181 PO Box 52552 <br /> Hillsborough, NC 27278 Durham, NC 27717 <br /> <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 /> <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 /> <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 />DocuSign Envelope ID: 75A81F4F-8510-4BAA-A8B6-453D37D0360C