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10 <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 /> shall immediately, at Contractor's expense, correct the Work. Any such rejection may be <br /> made before or after substantial completion. If applicable, any additional expense borne by the <br /> Designer under this section shall be paid at Contractor's expense. <br /> e. The County has designated(Angel Barnes)to act as the County's representative with respect to <br /> the Project and shall have the authority to render decisions within guidelines established by the <br /> County Manager or the County Board of Commissioners and shall be available during working <br /> hours as often as may be reasonably required to render decisions and to furnish information. <br /> f. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br /> entirety without the prior written consent of the Owner. <br /> g. In the event of a breach by Contractor Owner has sole authority to determine the <br /> reasonableness of Contractor's actions to remedy such breach or complete the performance of <br /> its obligations. <br /> h. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, <br /> including but not limited to,job cost records, to support its claims for final compensation and <br /> if such request is made final compensation shall not be due until all relevant documentation is <br /> received,reviewed, and approved by Owner. <br /> 9. CONSEQUENTIAL DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential damages. <br /> Consequential Damages include: <br /> (i) Damages incurred by Owner for loss of use, income, financing, or business. <br /> (ii) Damages incurred by Contractor for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> 10. ENTIRE AGREEMENT <br /> All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, <br /> together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, <br /> labor, materials, and completed construction required by the Contract Documents and all parts thereof is the <br /> Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This <br /> Agreement may be amended only by written instrument signed by both parties. Modifications may be <br /> evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared <br /> invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 01/24 6 <br />