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by certified mail to the ENGINEER at the last address left on file with the COUNTY or delivered in person to said <br /> ENGINEER or his authorized representative. In person deliveries shall be evident by signed receipts. <br /> SECTION XII - TERMINATION <br /> The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) <br /> days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof <br /> through no fault of the terminating party. The County may, for public convenience, terminate this contract at any time <br /> provided 90 days written notice is given to the ENGINEER. In the event of any terminations, the ENGINEER will be paid <br /> for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable <br /> expenses incurred by the ENGINEER as a result of such termination. <br /> SECTION XIII - AUDIT RIGHTS <br /> The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any time <br /> during the prosecution of the work included herein and for a period of one year after final payment is made. <br /> SECTION XIV - SUBLETTING <br /> The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the written consent of <br /> the COUNTY. When applicable and upon receipt of such consent in writing, the ENGINEER shall cause the names of the <br /> engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on <br /> the reports or other data. <br /> SECTION XV - WARRANTY <br /> The ENGINEER warrants that he has not employed or retained any company or person other than bona fide <br /> employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he has not paid or <br /> agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee, <br /> commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this <br /> contract. For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability. <br /> SECTION XVI - DURATION OF AGREEMENT <br /> This Agreement shall remain in full force and effect for a period of four years after the date of execution hereof or <br /> until completion of all project phases as specified by the Public Works Director, whichever occurs first, or unless otherwise <br /> terminated by mutual consent of the parties hereto or pursuant to Section XII of this AGREEMENT. <br /> SECTION XVII - INSURANCE AND INDEMNIFICATION <br /> During the performance of the work covered by this AGREEMENT, the ENGINEER shall provide the COUNTY <br /> with evidence that the ENGINEER has obtained and maintains the insurance listed below: <br /> A. ENGINEER shall procure and maintain for the duration of the AGREEMENT, insurance against claims <br /> for injuries to persons or damages to property which may arise from or in connection with the <br /> performance of the work hereunder by the ENGINEER, his agents, representatives, employees, and in <br /> Page 7 of 9 <br /> G:\Admin\Marketing\Proposals\WPB\2007\43rd Avenue Arcadis Work Order No 3 Survey Agrement 04-24-07.doc <br />