Orange County NC Website
Browse       Search
Revised 01/24 6 <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 />Docusign Envelope ID: 5C13EB23-106D-4043-A83D-8216292668A0