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8 <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 <br /> statutory 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 <br /> unavailability or non-appropriation of public funds. It is expressly agreed that Owner shall <br /> not activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement. <br /> c. In the event of a change in the Owner's statutory authority, mandate or mandated <br /> functions, by state or federal legislative or regulatory action, which adversely affects <br /> Owner's authority to continue its obligations under this Agreement, then this Agreement <br /> shall automatically terminate without penalty to Owner upon written notice to Contractor <br /> of such limitation or change in Owner's legal authority. <br /> 10. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered <br /> mail, return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County Landark Management Partners, LLC <br /> Attn: Travis Myren 1900 Borland Rd <br /> P.O. Box 8181 Hillsborough NC <br /> Hillsborough,NC 27278 27278 <br /> 11. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any <br /> Duties and Obligations imposed by state, federal or local law, rules, regulations and <br /> 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 <br /> constitute 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 <br /> required by law. Unless prohibited by law the costs of all such tests and inspections <br /> related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, <br /> Mechanical and Building Codes shall be borne by the Contractor. The costs for material <br /> and structural testing shall be conducted by an independent third party at the expense of the <br /> Owner. Delays related to any of the aforementioned tests and inspections shall not be <br /> grounds for delaying the completion of the work. If any such tests and inspections reveal <br /> deficiencies in the Work such that the Work does not comply with terms or requirements <br /> of the Contract Documents and the requirements of any code or law the Contractor is <br /> solely responsible for the cost of bringing such deficiencies into compliance with the terms <br /> of the Contract Documents and any code or law. <br /> Revised 01/24 6 <br />