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3 <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 whatsoever <br /> furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the <br /> technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or <br /> acceptance of, or payment for, any of the Services furnished under this Agreement shall be <br /> construed to operate as a waiver of any rights under this Agreement or of any cause of action <br /> arising out of the performance of this Agreement. The CONSULTANT shall be and remain <br /> liable in accordance with all applicable laws for all damages to the COUNTY caused by the <br /> negligent performance by the CONSULTANT of any of the Services furnished under this <br /> 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 or <br /> 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 sub- <br /> consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions <br /> of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the <br /> COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes <br /> of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject . <br /> to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in <br /> accordance with this Agreement: <br /> 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such <br /> failure arises out of causes reasonably beyond the CONSULTANT's control and through <br /> no fault or negligence of the CONSULTANT. The parties acknowledge that adverse <br /> weather conditions, acts of God, or other unforeseen circumstances of a similar nature, <br /> may necessitate modifications to this Agreement. If such conditions and circumstances do <br /> in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the <br /> modifications to be made to this Agreement. <br /> 3. RESPONSIBILITIES OF THE CONSULTANT <br /> 3.1 The CONSULTANT agrees to perform all necessary environmental and biological <br /> support services, and other Services in connection with the assigned .Project(s) as set <br /> forth in the Work Orders and in this Agreement. <br /> 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any <br /> Project. Before execution of a Work Order, the CONSULTANT shall consult with the <br /> COUNTY to clarify and define the COUNTY's requirements for the Project. <br />