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OWNER, as provided by this Agreement. All terms for the performance of such Services must be <br />agreed upon in a written document prior to any deviation from the terms of a Purchase Order; and <br />when properly authorized and executed by both the CONTRACTOR and the OWNER, shall become <br />an amendment to the Purchase Order or a new Purchase Order, at the sole option of the OWNER. <br />A separate Notice -to -Proceed may, at the sole option of the OWNER, be given for each phase of the <br />services contained in any Work Order hereunder. <br />1.4 A Purchase Order shall not give rise to any contractual rights until it meets the foregoing <br />requirements. Each written Notice -to -Proceed and specific Purchase Order, as approved by the <br />OWNER, shall be an addendum to this Agreement. Nothing contained in any Purchase Order shall <br />conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be <br />incorporated into each individual Purchase Order as if fully set forth therein. <br />1.5 No representation or guarantee is made by Indian River County as to the minimum or <br />maximum dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive <br />during the term of this Agreement. <br />1.6 The Background Recitals are true and correct and form a material part of this Agreement. <br />2. OWNER OBLIGATIONS <br />2.1 The OWNER will provide the CONTRACTOR with a copy of any preliminary data or reports <br />available as required in connection with the work to be performed under this Agreement, together with <br />all available drawings, surveys, right-of-way maps, and other documents in the possession of the <br />OWNER pertinent to a Project. The CONTRACTOR shall satisfy itself as to accuracy of any data <br />provided. The CONTRACTOR is responsible for bringing to the OWNER's attention, for the County's <br />resolution, material inconsistencies or errors in such data that come to the CONTRACTOR'S attention. <br />2.2 The OWNER shall arrange for access to, and make provisions for the CONTRACTOR <br />to enter upon, public and private property (where required) as necessary for the <br />CONTRACTOR to perform its Services, upon timely written request of CONTRACTOR to <br />OWNER. <br />2.3 The OWNER shall promptly execute all permit applications necessary to the Project. <br />2.4 The OWNER shall examine any and all studies, reports, sketches, drawings, <br />specifications, proposals and other documents presented by the CONTRACTOR, and render, <br />in writing, decisions pertaining thereto within a reasonable time. <br />2.5 The OWNER reserves the right to appoint one or more Project Managers for the <br />specific Services in connection with any Work Order. The Project Manager shall: <br />(a) act as the OWNER's agent with respect to the Services rendered hereunder; (b) transmit <br />instructions to and receive information from the CONTRACTOR; (c) communicate the <br />OWNER's policies and decisions to the CONTRACTOR regarding the Services; and (d) <br />determine, initially, whether the CONTRACTOR is fulfilling its duties, responsibilities, and <br />obligations hereunder. <br />2.6 The OWNER shall give prompt written notice to the CONTRACTOR whenever the <br />OWNER observes or otherwise becomes aware of any development that affects the timing or <br />delivery of the CONTRACTOR's Services. If the CONTRACTOR has been delayed in <br />completing its Services through no fault or negligence of either the CONTRACTOR or any <br />subcontractor, and, as a result will be unable to perform fully and satisfactorily under the <br />provisions of this Agreement, then the CONTRACTOR shall promptly notify the Project <br />Manager. In the OWNER's sole discretion, and upon the submission to the OWNER of <br />evidence of the causes of the delay, the Work Order shall be modified in writing as set forth <br />Agreement - 2 <br />