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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 /> E <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 /> i <br /> a . Owner and Contractor mutually waive any claim against each other for consequential damages . <br /> Consequential Damages include : t <br /> ( i) Damages incurred by Owner for loss of use , income , financing , or business . <br /> i <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 Notice4o- 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 /> i <br /> Revised 01 / 24 6 <br />