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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />2.2 The COUNTY shall arrange for access to, and make provisions for the <br />Consultant to enter upon, public and private property (where required) as necessary for <br />the Consultant to perform its Services, upon the timely written request of Consultant to <br />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 reports, sketches, proposals and <br />other documents presented by the Consultant, and render, in writing, decisions <br />pertaining thereto within a reasonable time. <br />2.5 Approval by the COUNTY of any of the Consultant's work, including but <br />not limited to written reports, or any work products of any nature whatsoever furnished <br />hereunder, shall not in any way relieve the Consultant of responsibility for the technical <br />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 <br />be construed to operate as a waiver of any rights under this Agreement or of any cause <br />of action arising out of the performance of this Agreement. The Consultant shall be and <br />remain liable in accordance with all applicable laws for all damages to the COUNTY <br />caused by the negligent performance by the Consultant of any of the Services furnished <br />under 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 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 <br />the 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 <br />the COUNTY observes or otherwise becomes aware of any development that affects <br />the timing or delivery of the Consultant's Services. If the Consultant has been delayed <br />in 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 <br />the 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 <br />of evidence of the causes of the delay, this Agreement shall be modified in writing, <br />subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services <br />at any time in accordance with this Agreement. <br />2.8 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 <br />through 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 />3 <br />