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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 areasonable time. <br />2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limitedto <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 thespecific <br />Services in connection with any Work Order. The Project Managershall: <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 andin 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 />