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<br />Revised 06/21 <br /> <br />6 <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 auth ority of its <br />statutory mandate. <br /> <br />b. In the event that public funds are unavailable or 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 or non-appropriation of public funds. It is expressly agreed that Owner shall <br />not activate this non-appropriation provision for its convenience or to circumvent the <br />requirements of this Agreement. <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 Autumn Breeze Group, Inc <br /> Attn: Robert Williams Brian Woodward <br /> P.O. Box 8181 628 Sunset Lakes Blvd SW <br /> Hillsborough, NC 27278 Sunset Beach, NC 28468 <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 />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 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 any code or law. <br /> <br />DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6