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2 . 2 The COUNTY shall arrange for access to , and make provisions for the <br /> Consultant to enter upon , public and private property (where required ) as necessary for <br /> the Consultant to perform its Services , upon the timely written request of Consultant to <br /> COUNTY . <br /> 2 . 3 The COUNTY shall promptly execute all permit applications necessary to <br /> the Project . <br /> 2 . 4 The COUNTY shall examine any and all studies , reports , sketches , <br /> drawings , specifications , proposals and other documents presented by the Consultant , <br /> and render , in writing , decisions pertaining thereto within a reasonable time . <br /> 2 . 5 Approval by the COUNTY of any of the Consultant' s work , including but <br /> not limited to drawings , design specifications , written reports , or any work products of <br /> any nature whatsoever furnished hereunder , shall not in any way relieve the Consultant <br /> of responsibility for the technical accuracy and adequacy of the work . Neither the <br /> COUNTY ' s review , approval or acceptance of , or payment for , any of the Services <br /> furnished under this Agreement shall be construed to operate as a waiver of any rights <br /> under this Agreement or of any cause of action arising out of the performance of this <br /> Agreement . The Consultant shall be and remain liable in accordance with all applicable <br /> laws for all damages to the COUNTY caused by the negligent performance by the <br /> Consultant of any of the Services furnished under this Agreement . <br /> 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers <br /> for the specific Services in connection with any Work Order . The Project Manager shall . <br /> ( a ) act as the COUNTY' s agent with respect to the Services rendered hereunder ; ( b ) <br /> transmit instructions to and receive information from the Consultant ; ( c ) communicate <br /> the COUNTY ' s policies and decisions to the Consultant regarding the Services ; and ( d ) <br /> determine , initially , whether the Consultant is fulfilling its duties , responsibilities , and <br /> obligations hereunder . <br /> 2 . 7 The COUNTY shall give prompt written notice to the Consultant whenever <br /> the COUNTY observes or otherwise becomes aware of any development that affects <br /> the timing or delivery of the Consultant' s Services . If the Consultant has been delayed <br /> in completing its Services through no fault or negligence of either the Consultant or any <br /> sub-consultant , and , as a result , will be unable to perform fully and satisfactorily under <br /> the provisions of this Agreement , then the Consultant shall promptly notify the Project <br /> Manager . In the COUNTY ' s sole discretion , and upon the submission to the COUNTY <br /> of evidence of the causes of the delay , the Work Order shall be modified in writing as <br /> set forth in this Agreement , subject to the COUNTY ' S rights to change , terminate , or <br /> stop any or all of the Services at any time in accordance with this Agreement . <br /> 2 . 8 The Consultant shall not be considered in default for a failure to perform if <br /> such failure arises out of causes reasonably beyond the Consultant ' s control and <br /> through no fault or negligence of the Consultant . The parties acknowledge that adverse <br /> 3 <br /> F : \Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\ IRC - Water and Wastewater Continuing Consultant <br /> Services UCP #2020\Continuing Contract 2011 \Consultant Agreements\Atkins Contract Agreement doc <br />