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1 . 8 . 1 The COUNTY will provide signed and sealed drawings required to obtain permits . 1 . 9 Assignment of Contract: The County reserves the right to terminate a contract by giving thirty ( 30) days notice in writing, of the intention to terminate if at any time the CONTRACTOR fails to abide by or fulfill any of the terms and conditions of the contract . The County also reserves the right to terminate this contract for the convenience of the County, and/or with or without cause . 1 . 9 . 1 Fiscal Non -Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. 1 . 10 Liens : Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that all claims for labor and materials employed or used in the construction of said work have been settled and no 1 egal claim can be filed against the OWNER for such labor and materials . If such evidence is not furnished to the OWNER, such amounts as may be necessary to meet the unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged . 2 . 0 CONDUCT OF THE WORK 2 . 1 Al I parts and materials to be permanently installed shall be new and of the most suitable grade for the purpose intended . Equipment shall be modern, in good condition, and of adequate size and proper type to perform the duty required . 2 . 2 Defective Work And Materials. 2 . 2 . 1 Al I materials furnished or work done , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials . Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance. 2 . 2 . 2 If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. 2 . 2 . 3 If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price . 2 . 3 Damage to the Work. Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements , or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense , damages to any portion of the work before its completion and acceptance . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 13 of 58