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This Agreement is intended to secure the services of the Subcontractor because of its ability and reputation and none of the Subcontractor's services or obligations under this Agreement shall be assigned, subcontracted or transferred without the prior written consent of the Contractor. D. Records The Subcontractor shall retain all papers and records in connection with work performed for a minimum of three (3) years and access will be provided to the State Energy Office, the US Department of Energy, the North Carolina Department of Commerce, Energy Division and any of its authorized agents or representatives, or other Federal or State representatives for the purpose of audit, examination, excerpts or transactions. 7. Contractor's Obligations The Contractor agrees: A. To provide work orders in conformance with the State Energy Office policies. B. To conduct a timely post- inspection to determine the acceptability of the services performed by the Subcontractor no later than five (5) days after notification by the Subcontractor of completion. C. To pay the Subcontractor promptly as required by 10CFR 600.421 and according to this Agreement. D. Not to condition payment under this Agreement on the State Energy Office certification or approval. 8. Conduct of Agreement A. Delays When good cause is shown for delay in the work by the Subcontractor, the Contractor shall make a determination specifying alternative payment procedures and /or an extension of time allocated for performance of this Agreement based on confirmation of the delay. Such delays may include, but are not limited to, any of the following: changes in the work, labor disputes, fire, flood, unavoidable casualty or damage to materials, an act or neglect of the property owner or such cause beyond the control of the Subcontractor. B. Liquidated Damages It is understood that actual damages due to delay in the performance of the work are uncertain and difficult to ascertain. The reasonably foreseeable damages due to such delay are agreed to be the sum of one hundred dollars ($100) per day per dwelling unit. The Contractor may withhold and retain such liquidated damages out of any monies due to the Subcontractor under this Agreement. C. Termination For Fault If the Contractor determines that the Subcontractor has failed to perform or will fail to perform all or any part of the Subcontractor's services or obligations required under this Agreement, the Contractor may terminate or suspend this Agreement in whole or in part upon written notice by certified mail to the Subcontractor specifying the portions of this Agreement terminated, suspended or reduced. Such notice shall specify the violation(s) of this Agreement, and, in the case of termination, shall specify a reasonable period of not more than ten (10) days nor less than five (5) days from receipt of the notice, at which time the Agreement shall be deemed terminated. Solicitation No. 2011WXSSP Pape 31 of 53 Attachment number 1 F -4 Page 143