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ORANGE COUNTY, NC <br />RFP No. 367-OC5430 <br />Design & Engineering Services - <br />Electric Vehicle Charging Stations <br />Grant Project <br />If the Contractor does not deliver the required services or the Contractor fails to perform in the <br />manner called for in the contract, or if the Contractor fails to comply with any other provisions of <br />the contract, the Owner may terminate this contract for default. Termination shall be effected by <br />serving a notice of termination on the contractor setting forth the manner in which the Contractor <br />is in default. The contractor will only be paid the contract price for supplies delivered and <br />accepted, or services performed in accordance with the manner of performance set forth in the <br />contract. <br />If it is later determined by the Owner that the Contractor had an excusable reason for not <br />performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the <br />control of the Contractor, the Owner, after setting up a new delivery of performance schedule, <br />may allow the Contractor to continue work, or treat the termination as a termination for <br />convenience. <br />The Owner in its sole discretion may, in the case of a termination for breach or default, allow the <br />Contractor [an appropriately short period of time] in which to cure the defect. In such case, the <br />notice of termination will state the time period in which cure is permitted and other appropriate <br />conditions. <br />If the Contractor fails to remedy to Owner's satisfaction the breach or default of any of the terms, <br />covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of <br />written notice from Owner setting forth the nature of said breach or default, The Owner shall <br />have the right to terminate the Contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude Owner from also pursuing all <br />available remedies against Contractor and its sureties for said breach or default. <br />If there is credible evidence that a Third Party Participant (Contractor) has submitted a false <br />claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil <br />violation of law pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct <br />involving Federal funding, notification of FTA is required. <br />If a legal matter as described above emerges, the Recipient must promptly notify the U.S. DOT <br />Inspector General, in addition to the FTA Chief Counsel or FTA Regional Counsel for the Region <br />in which the Recipient is located and the NCDOT. <br />19.Resolution of Disputes <br />Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement <br />of the parties shall be decided in writing by the authorized representative of the Owner. This decision <br />shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the <br />Contractor mails or otherwise furnishes a written appeal to the authorized representative of the <br />Owner. In connection with any such appeal, the Contractor shall be afforded an opportunity to be <br />heard and to offer evidence in support of its position. The decision of the authorized representative <br />of the Owner shall be binding upon the Contractor and the Contractor shall abide be the decision. <br />Performance During Dispute - Unless otherwise directed by the Owner, the Contractor shall <br />continue performance under this Contract while matters in dispute are being resolved. <br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629