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2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to <br /> enter upon, public and private property(where required)as necessary for the CONSULTANT <br /> to perform its Services, upon timely written request of CONSULTANT to COUNTY. <br /> 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. <br /> 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, <br /> specifications,proposals and other documents presented by the CONSULTANT, and render, <br /> 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 not limited to <br /> drawings, design specifications, written reports, or any work products of any nature <br /> whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of <br /> responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's <br /> review, approval or acceptance of, or payment for, any of the Services furnished under this <br /> Agreement shall be construed to operate as a waiver of any rights under this Agreement or <br /> of any cause of action arising out of the performance of this Agreement.The CONSULTANT <br /> shall be and remain liable in accordance with all applicable laws for all damages to the <br /> COUNTY caused by the negligent performance by the CONSULTANT of any of the Services <br /> furnished under this Agreement. <br /> 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific <br /> 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)transmit <br /> instructions to and receive information from the CONSULTANT; (c) communicate the <br /> 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 the <br /> COUNTY observes or otherwise becomes aware of any development that affects the timing <br /> or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in <br /> 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 the <br /> 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 of <br /> evidence of the causes of the delay, the Work Order shall be modified in writing as set forth <br /> in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of <br /> the Services at any time In accordance with this Agreement. <br /> C.\Documents and Settings\1williarns\Local Settings\Temporary Internet Files\ConteM.Outlook\UOSCATSB\CONTINUING CONTRACT <br /> AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc Page 13 <br /> 45 <br />