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1.6 The Background Recitals are true and correct and form a material part of <br />this Agreement. <br />2. COUNTY OBLIGATIONS. <br />2.1 The COUNTY will provide the CONTRACTOR with a copy of any <br />preliminary data or reports available as required in connection with the work to be <br />performed under this Agreement, together with all available drawings, surveys, right-of- <br />way maps, and other documents in the possession of the COUNTY pertinent to a <br />Project. The CONTRACTOR shall satisfy itself as to accuracy of any data provided. <br />The CONTRACTOR is responsible for bringing to the COUNTY's attention, for the <br />COUNTY's resolution, material inconsistencies or errors in such data that come to the <br />CONTRACTOR's attention. <br />2.2 The COUNTY shall arrange for access to, and make provisions for the <br />CONTRACTOR to enter upon public and private property (where required) as <br />necessary for the CONTRACTOR to perform its Services, upon the timely written <br />request of CONTRACTOR to 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 <br />CONTRACTOR, and render, in writing, decisions pertaining thereto within a reasonable <br />time. <br />2.5 Services furnished under this Agreement shall be construed to operate as <br />a waiver of any rights under this Agreement or of any cause of action arising out of the <br />performance of this Agreement. The CONTRACTOR shall be and shall remain liable in <br />accordance with all applicable laws for all damages to the COUNTY caused by the <br />negligent performance by the CONTRACTOR of any of the Services furnished under <br />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 Authorization, however there will <br />be only one Project Manager per Work Authorization. The Project Manager shall: (a) <br />act as the COUNTY's agent with respect to the Services rendered hereunder; (b) <br />transmit instructions to and receive information from the CONTRACTOR; (c) <br />communicate the COUNTY's policies and decisions to the CONTRACTOR regarding <br />the Services; and (d) determine, initially, whether the CONTRACTOR is fulfilling its <br />duties, responsibilities, and obligations hereunder. <br />2.7 The COUNTY shall give prompt written notice to the CONTRACTOR <br />whenever the COUNTY observes or otherwise becomes aware of any development that <br />affects the timing or delivery of the CONTRACTOR's Services. If the CONTRACTOR <br />has been delayed in completing its Services through no fault or negligence of either the <br />CONTRACTOR or any Subcontractor, and, as a result, will be unable to perform fully <br />0530-3 <br />B \2014-2015 FY (2015000)\2015001 - Annual Utilities Labor Contract\00530 General Agreement.doc <br />