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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 Owens Roofing, Inc <br /> Attn : A . Barnes Attn : Bert Owens <br /> P . O . Box 8181 1200 Short Jorney Road <br /> Hillsborough, NC 27278 Smithfield, NC 27577 <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 />