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46 <br /> <br />Revised 01/24 <br /> <br />d) No payment shall be made by Owner to Contractor except as herein above provided. No <br />claim for loss of anticipated profits shall be considered or allowed. <br /> <br />e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any <br />completed portion of the Work nor shall it relieve his sureties of their obligation for and <br />concerning any just claims arising out of the Work performed. The Contractor shall not be <br />entitled to any other compensation, including compensation for lost profit, lost opportunity, or <br />any other direct or consequential cost, loss, or damage. <br /> <br />f) Either party may terminate this Agreement upon notice to the other party that obligations <br />pursuant to this Agreement are made impossible due to declarations of emergency by Orange <br />County or by North Carolina due to events directly impacting Orange County. Both parties shall <br />remain responsible for all payment and performance due up to the receipt of such notice, but <br />shall have no further obligation or responsibility beyond that date provided the terminating party <br />has taken all reasonable steps to complete the performance of its obligations. <br /> <br />ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM <br /> <br />35.1 The Contractor shall at all times comply with the Orange County Minority Business <br />Enterprise Policy. All documentation substantiating compliance with the requirements of this <br />program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the <br />Orange County Minority Business Enterprise Policy is included in the Project Manual. <br /> <br />ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES <br /> <br />36.1 By executing the Agreement Contractor affirms Contractor, its agents and subcontractors, <br />are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General <br />Statutes. <br />36.2 This Agreement together with any amendments or modifications may be executed <br />electronically. All electronic signatures affixed hereto evidence the consent of the Parties to <br />utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of <br />North Carolina General Statute Chapter 66. <br />36.3 By executing the Agreement Contractor certifies that Contractor has not been identified, <br />and has not utilized the services of any agent or subcontractor identified, on the list created by <br />the State Treasurer pursuant to G.S. 147-86.58. <br />36.4 By executing the Agreement Contractor certifies that Contractor has not been identified, <br />and has not utilized the services of any agent or subcontractor identified, on the list created by <br />the State Treasurer pursuant to G.S. 147-86.81. <br />ARTICLE 37 GENERAL <br /> <br />37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder <br />of the Agreement shall continue in full force and effect. <br /> <br />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2