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ARTICLE 2 -CONTRACT TIME <br />The date of occupancy established by this Amendment is September 21, <br />2010, assuming that a Notice to Proceed is issued no later than September 2, <br />2008. <br />ARTICLE 3 -CONDITION PRECEDENT TO NOTICE TO PROCEED <br />Notwithstanding any provision in the Construction Documents (as <br />amended) to the contrary, the Owner is not required to issue a Notice to <br />Proceed for this Amendment No. 4 or proceed with construction unless and <br />until the North Carolina Local Government Commission has voted to approve <br />financing for the construction of this Housing Building. Owner acknowledges <br />that Construction Manager has developed its Guaranteed Maximum Price <br />based on subcontractor pricing secured by acknowledged subcontractor Letters <br />of Intent to Award. Owner acknowledges and agrees that if a subcontractor's <br />offer is withdrawn before financing authorization is obtained and a Notice To <br />Proceed is issued, that respective line item pricing will be treated as an <br />allowance. <br />OWNER: <br />CABARRUS COUNTY, North Carolina <br />Date: <br />APPROVED AS TO FORM: <br />Richard M. Koch, <br />Cabarrus County Attorney <br />John Day, County Manager <br />By: <br />TURNER CONSTRUCTION COMPANY <br />Date: By: <br />Gary E. Stradowski <br />Vice President and General Manager <br />By: <br />Carol Shackelford <br />Its Corporate Secretary <br />(Corporate Seal) <br />This instrument has been pre-audited in the manner required by the Local <br />Government Budget and Fiscal Control Act. <br />By: Date: <br />Finance Director, Cabarrus County <br />~~ <br />