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DocuSign Envelope ID:98CAB32E-1814-4C97-B61E-B14BE79B81EA <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 statutory <br /> mandate. <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 unavailability <br /> or non-appropriation of public funds. It is expressly agreed that Owner shall not activate this <br /> non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement. <br /> c. In the event of a change in the Owner's statutory authority, mandate or mandated functions,by <br /> state or federal legislative or regulatory action, which adversely affects Owner's authority to <br /> continue its obligations under this Agreement, then this Agreement shall automatically <br /> terminate without penalty to Owner upon written notice to Contractor of such limitation or <br /> change in Owner's legal authority. <br /> 7. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County FSC II, LLC (d.b.a. Fred Smith Company) <br /> Attn: Christopher J. Sandt, P.E. Attn: Brian Conrad <br /> P.O. Box 8181 701 Corporate Center Drive, Suite 101 <br /> Hillsborough,NC 27278 Raleigh,NC 27607 <br /> 8. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state, federal or local law,rules, regulations and 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 constitute <br /> 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 required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor. 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 of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work. If any such tests and inspections reveal deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and the requirements <br /> of any code or law the Contractor is solely responsible for the cost of bringing such <br /> deficiencies into compliance with the terms of the Contract Documents and any code or law. <br /> d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br /> reject any portion of the Work for failing to comply with the Contract Documents Contractor <br /> Revised 06/21 5 <br />