Orange County NC Website
Browse       Search
Revised 06/21 5 <br />a.Contractor acknowledges that Owner is a governmental entity, and the validity o f 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 authori ty 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 WB Brawley Company <br />Attn: Steve Arndt 5121 Kingdom Way, Ste.305 <br />P.O. Box 8181 Raleigh, NC 27607 <br />Hillsborough, NC 27278 919-636-1338 <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 Contra ct 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 />DocuSign Envelope ID: 4D47EA4B-60C5-48CF-AE0E-7E32377FCE26