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Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the <br /> Agreement . <br /> 6 . NON—APPROPRIATION <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 statutory <br /> 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 unavailability <br /> or non- appropriation of public funds . It is expressly agreed that Owner shall not activate this <br /> non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement. <br /> c . In the event of a change in the Owner ' s statutory authority , mandate or mandated functions , by <br /> state or federal legislative or regulatory action, which adversely affects Owner ' s authority to <br /> continue its obligations under this Agreement, then this Agreement shall automatically <br /> terminate without penalty to Owner upon written notice to Contractor of such limitation or <br /> change in Owner ' s legal authority . <br /> 7 . NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail , <br /> return receipt requested to the following : <br /> Owner : Contractor . <br /> Orange County Harrod and Assoc . Constructors , Inc <br /> Attn : A . Barnes Attn : R . Edward Long <br /> P . O . Box 8181 6612 Fleetwood Dr . , Suite 100 <br /> Hillsborough, NC 27278 Raleigh, NC 27612 <br /> 8 . MISCELLANEOUS <br /> a . Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state , federal or local law, rules, regulations and 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 constitute <br /> 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 required <br /> by law . Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative , Electrical , Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor. The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the Owner . Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work . If any such tests and inspections reveal deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and the requirements <br /> Revised 01 / 24 5 <br />