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2009-227C
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2009-227C
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information , maps , contract documents , and other data developed by <br /> SURVEYOR pursuant to this Agreement , shall be vested in COUNTY . <br /> Said materials shall be made available to COUNTY by SURVEYOR at any <br /> time upon request of COUNTY . On or before the tenth day after all work <br /> contemplated under this Agreement is complete ; all of the above materials <br /> shall be delivered to the Community Development Director . <br /> B . Reuse of Documents : All documents , including but not limited to reports , <br /> drawings and specifications , prepared by SURVEYOR pursuant to this <br /> Agreement , are related exclusively to the services described herein . <br /> They are not intended or represented to be suitable for reuse by <br /> COUNTY or others on extensions of this project or on any other project . <br /> COUNTY ' s reuse of any document or drawing shall be at COUNTY ' s own <br /> risk . COUNTY shall not hold SURVEYOR liable for any modifications <br /> made to the documents by others . <br /> SECTION XII — NOTICES <br /> Any notices , reports or other written communications from SURVEYOR to <br /> COUNTY shall be considered delivered when posted by certified mail or delivered in <br /> person to the County Community Development Director or designee . Any notices , <br /> reports or other communications from COUNTY to SURVEYOR shall be considered <br /> delivered when posted by certified mail to SURVEYOR at the last address left on file <br /> with COUNTY or delivered in - person to said SURVEYOR or its authorized <br /> representative . <br /> SECTION XIII — TERMINATION <br /> Termination ( Cause and /or Convenience ) <br /> A . This contract may be terminated in whole or in part in writing by either <br /> party in the event of substantial failure by the other party to fulfill its <br /> obligations under this contract through no fault of the terminating party , <br /> provided that no termination may be effected unless the other party is <br /> given ( 1 ) not less than ten ( 10 ) calendar days written notice (delivered by <br /> certified mail , return receipt requested ) of intent to terminate and ( 2 ) an <br /> opportunity for consultation with the terminating party prior to <br /> termination . <br /> B . This contract may be terminated in whole or in part in writing by <br /> COUNTY for its convenience , provided that SURVEYOR is afforded the <br /> same notice and consultation opportunity specified in (A) above . <br /> C . If termination for default is effected by COUNTY , an equitable <br /> adjustment in the price for this contract shall be made , but ( 1 ) no amount <br /> shall be allowed for anticipated profit on unperformed services or other <br /> work , and (2) any payment due to SURVEYOR at the time of termination <br /> Page 5 of 15 <br />
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