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COUNTY's review, approval or acceptance of, or payment for, any of the Services <br />furnished under this Agreement shall be construed to operate as a waiver of any rights <br />under this Agreement or of any cause of action arising out of the performance of this <br />Agreement. The Consultant shall be and remain liable in accordance with all applicable <br />laws for all damages to the COUNTY caused by the negligent performance by the <br />Consultant of any of the Services furnished under this Agreement. <br />2.5 The COUNTY reserves the right to appoint one or more Project Managers <br />for the specific Services in connection with this Agreement. The Project Manager shall: <br />(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) <br />transmit 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 />2.6 The COUNTY shall give prompt written notice to the Consultant whenever <br />the COUNTY observes or otherwise becomes aware of any development that affects the <br />timing 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 sub - <br />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, this Agreement shall be modified in writing, subject <br />to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any <br />time in accordance with this Agreement. <br />2.7 The Consultant shall not be considered in default for a failure to perform if <br />such 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 weather <br />conditions, acts of God, or other unforeseen circumstances of a similar nature, may <br />necessitate modifications to this Agreement. If such conditions and circumstances do in <br />fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the <br />modifications to be made to this Agreement. <br />2.8 The COUNTY shall provide professional survey services as may be <br />required for design, permitting, construction and monitoring of the Project. <br />3. RESPONSIBILITIES OF THE CONSULTANT. <br />3.1 The Consultant agrees to perform all necessary professional engineering <br />consulting services to assist the COUNTY with professional coastal engineering and <br />biological support services for the Project area as set forth in this Agreement. <br />3.2 The Consultant will endeavor not to duplicate any previous work done on <br />the Project. Before beginning work, the Consultant shall consult with the COUNTY to <br />clarify and define the COUNTY's requirements for the Project. <br />3 <br />L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting <br />Agreement Sector 7—FINAL - with Signatures.docx <br />