2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 48 of 53 5-2-25 facilitate the assignment, subject however, to the mutual agreement of the parties and, provided further, that such consent shall not enlarge, abridge or otherwise modify the CMAR’s rights under the Contract Documents. 51.DISPUTE RESOLUTION/MISCELLANEOUS 51.1. In the event that a dispute of any nature cannot be resolved by the Project Team pursuant to the terms and conditions herein, the parties shall endeavor to resolve the dispute pursuant to the Dispute Resolution Rules and Procedures as shown in Appendix B attached hereto. Mediation in accordance with those rules and procedures shall be a condition precedent that must occur before any party may bring a civil action against the Owner, Project Designer, or CMAR. 51.2 Should a dispute arise that cannot be finally settled through the claims and dispute resolution procedures in this Contract, the CMAR agrees that any civil action related to the Project in which the Owner is or may be a party shall be brought only in the General Court of Justice of North Carolina, Superior Court Division, seated in Orange County, North Carolina. Any such action shall be tried by a judge without a jury. 51.3 CMAR shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Designer certifies that it has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Designer certifies that Designer has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Designer affirms it is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 51.4 Iran Divestment and Israel Boycott Designer certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.58 or the final boycott list created by the State Treasurer pursuant to N.C.G.S. §147-86.81 nor shall Designer utilize in the performance of this Agreement any subcontultant or consultant identified on such lists. 51.5. Non Appropriation: CMAR acknowledges that Orange County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Orange County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to the Customer immediately upon written notice to CMAR of the unavailability and non-appropriation of public funds. Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78