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8 <br /> penalty to Owner immediately upon written notice to Contractor of the unavailability or non- <br /> appropriation of public funds. It is expressly agreed that Owner shall not activate this non- <br /> appropriation provision for its convenience or to circumvent the requirements of this 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 terminate <br /> without penalty to Owner upon written notice to Contractor of such limitation or change in <br /> 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 James Poe, Client Solutions Manager <br /> Attn: Christopher J. Sandt, P.E. HGS, LLC <br /> P.O. Box 8181 3600 Glenwood Avenue, Suite 100 <br /> Hillsborough,NC 27278 Raleigh,NC 27612 <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 duty <br /> granted them under the Contract Documents, nor shall any act or failure to act constitute any <br /> 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 the <br /> work. If any such tests and inspections reveal deficiencies in the Work such that the Work does <br /> not comply with terms or requirements of the Contract Documents and the requirements of any <br /> code or law the Contractor is solely responsible for the cost of bringing such deficiencies into <br /> 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 reject <br /> any portion of the Work for failing to comply with the Contract Documents Contractor shall <br /> immediately,at Contractor's expense,correct the Work. Any such rejection may be made before <br /> or after substantial completion. If applicable, any additional expense borne by the Designer <br /> under this section shall be paid at Contractor's expense. <br /> e. The County has designated (Christopher J. Sandt, P.E.) to act as the County's representative <br /> with respect to the Project and shall have the authority to render decisions within guidelines <br /> established by the County Manager or the County Board of Commissioners and shall be available <br /> Revised 04/23 5 <br />