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3/23/1977
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3/23/1977
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7/23/2015 11:28:38 AM
Creation date
6/11/2015 8:35:31 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/23/1977
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M <br />M <br />PART II <br />TERMS AND CONDITIONS <br />1. Termination of Contract for Cause. If, through any cause the Consultant <br />shall fail to fulfill in timely and proper manner his obligations under this <br />Contract, or if the Consultant shall viola'.' any of the covenants, agreements, <br />:•or stipulations of this Contract, the County shall thereupon have the right to <br />terminate this Contract by giving written notice to the Consultant of such <br />termination and specifying the effective date thereof, at least five days before. <br />the effective date of such termination. In such event, all finished or unf71ished <br />documents, data, studies, and reports prepared by the Consultant uneer this Con- <br />t:•.:ct shall, at the option of the County, become its.nrooerty and the Consultant <br />shall be entitled to receive just and equitable compensation for any satisfactory <br />work completed on such documents. <br />Nothwithstanding the above, the Consultant shall not be relieved of any <br />'•-liability to the County for damages sustained by the County by virtue of any breach <br />of the Contract by the Consultant and the County may withhold any payments to the <br />Consultant for the purpose of setoff until such a time as.the exact amount of <br />damages due the County from the Consultant is determined. <br />2. 'Termination for Convenience of the County. The County may terminate this contract <br />any time by a notice in writing from the County to the Consultant. If the Contract <br />is terminated by the County as provided herein, the Consultant will be paid an amount <br />which bears the same ratio to -the total compensation as the services actually per- <br />formed bear to the total services of the Consultant covered by this Contract, less <br />payments of compensation previously made;rovided, however,'that if less than sixty <br />per cent of the services covered by the Contract have been -performed upon the effec- <br />tive date of such termination, the Consultant shall be reimbursed (in addition to <br />the above payment). -for that portion of the actual out-of-pocket expenses (not <br />otherwise reimbursed under this Contract)• incurred by the Consultant during the <br />Contract period which are directly attributable to the uncompleted portions of the <br />services covered by this Contract. If this Contract is terminated due to the fault <br />of the Consultant, Section 1 hereof relative to termination shall apply. <br />3.. Changes. The County may, from time to time, request changes in the scope of <br />services of the Consultant to be performed hereunder. Such changes, including any <br />increase or decrease in the amount of the Consultant's compensation, which are <br />mutually agreed upon by and between the County and the Consultant, shall be incorpor- <br />ated in written artr_ndments to this Contract. <br />• <br />1 <br />IAR 23 1977 <br />I <br />
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