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7 <br /> 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 />