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IN any rights under this Agreement or of any cause of action arising out of the performance of this Agreement . The Design/Builder shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Design/Builder of any of the Services furnished under this Agreement . 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Contract or Work Order. The Project Manager shall : (a ) act as the COUNTY' s agent with respect to the Services rendered hereunder; ( b ) transmit instructions to and receive information from the Design/Builder; (c) communicate the COUNTY's policies and decisions to the Design /Builder regarding the Services ; and (d ) determine , initially, whether the Design/Builder is fulfilling its duties , responsibilities , and obligations hereunder. 2 . 7 The COUNTY shall give prompt written notice to the Design/Builder whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Design/Builder' s Services . If the Design/Builder has been delayed in completing its Services through no fault or negligence of the Design/Builder and , as a result , will be unable to perform fully and satisfactorily under the provisions of this Agreement , then the Design/Builder shall promptly notify the Project Manager. In the COUNTY's sole discretion , and upon the submission to the COUNTY of evidence of the causes of the delay , the Contract or Work Order shall be modified in writing as set forth in this Agreement , subject to the COUNTY'S rights to change , terminate , or stop any or all of the Services at any time in accordance with this Agreement . 2 . 8 The Design/Builder shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Design/Builder' s control and through no fault or negligence of the Design/Builder. The parties acknowledge that adverse weather conditions , acts of God , or other unforeseen circumstances of a similar nature , may necessitate modifications to this Agreement . If such conditions and circumstances do in fact occur, then the COUNTY and Design/Builder shall mutually agree , in writing , to the modifications to be made to this Agreement : 3 , RESPONSIBILITIES OF THE DESIGN /BUILDER . 3 . 1 The Design/Builder agrees to perform all necessary professional architect services , project design , construction phase services , and other Services in connection with the assigned Project( s ) as set forth in the Contracts , Work Orders and in this Agreement . 3 . 2 The Design/Builder will endeavor not to duplicate any previous work done on any Project . Before execution of a Work Order, the Design/Builder shall consult with the COUNTY to clarify and define the COUNTY' s requirements for the Project . F:\Attorney\Bill\Agreements\Master Contract Barth Edlund .doc 4