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SECTION XII — TERMINATION FOR CAUSE The ENGINEER has the right to terminate the contract, for any of the following events : A . Failure to make timely payments . B . The failure to respond to the ENGINEER ' S written request for information or decisions . C . If the ENGINEER verily believes that the work requested will result in a structure or design that is not viable or not in accordance with all code requirements . D . In the event of the above one or more grounds for termination of cause , the ENGINEER shall give a seven day written notice , and if the grounds for termination are not cured within the seven days , the ENGINEER has the right to terminate the contract . SECTION XIII - AUDIT RIGHTS The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made . SECTION XIV - SUBLETTING The ENGINEER shall not sublet, assign , or transfer any work under this Agreement without the written consent of the COUNTY . When applicable and upon receipt of such consent in writing , the ENGINEER shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XV - WARRANTY The ENGINEER warrants that he has not employed or retained any company or person other than bona fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee , commission, percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this contract . For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability . SECTION XVI - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution hereof or until completion of all project phases as specified by the Public Works Director, whichever occurs first , or unless otherwise terminated by mutual consent of the parties hereto or pursuant to Section XII of this AGREEMENT . C :\Documents and Settings\georgesTocal SettingsUemporary Internet Files\0LK3D7\Carter Assoc Pro Civil ging Agreement 10-04- 10 . doc