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provision of services, or a defect or change necessary in the services of the CONTRACTOR (i) The rights and remedies of the COUNTY provided for under this Contract are in addition to any other rights and remedies provided by law; the COUNTY may assert its right of recovery by any appropriate means including, but not limited to, set-off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Contract (j) The COUNTY shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Contract or the responsibilities of the CONTRACTOR in carrying out the duties and responsibilities deriving from this Contract (k) The failure of the COUNTY to insist in any instance upon the strict performance of any provision of this Contract, or to exercise any right or privilege granted to the COUNTY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. (1) Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Contract nor or any cause of action arising out of the performance of this Contract and the CONTRACTOR shall be and always remain liable to the COUNTY in accordance with applicable laws for any and all damages to the COUNTY caused by the CONTRACTOR'S negligent or wrongful provision or performance of any of the services furnished under this Contract (m) All deliverable analysis, reference data, survey data, plans and reports, or any other form of written instrument or document that may result from the CONTRACTOR'S services or have been created during the course of the CONTRACTOR'S performance under this Contract shall become the property of the COUNTY after final payment is made to the CONTRACTOR (n) In the event the COUNTY fails to comply with the terms and conditions of this Contract, the CONTRACTOR shall notify the COUNTY's Designated Representative in writing so that the COUNTY may take remedial action. SECTION 16: WAIVER. The failure of the COUNTY to insist in any instance upon the strict performance of any provision of this Contract, or to exercise any right or privilege granted to the COUNTY hereunder, shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 17: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented-by Force Majeure. 10