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Page 5 of 9 <br /> 2005 -2006 Renewal <br /> Continuing Professional Surveying Contract <br /> B . Reuse of Documents : All documents , including but not limited to reports , <br /> drawings and specifications , prepared by the SURVEYOR pursuant to this <br /> Agreement , are related exclusively to the services described herein . They <br /> are not intended or represented to be suitable for reuse by the COUNTY <br /> or others on extensions of this project or on any other project . The <br /> COUNTY' s reuse of any document or drawing shall be at the COUNTY' s <br /> own risk . The COUNTY shall not hold the SURVEYOR liable for any <br /> modifications made to the documents by others . <br /> SECTION XI — NOTICES <br /> Any notices , reports or other written communications from the SURVEYOR to the <br /> COUNTY shcall be considered rl ^ In .nrnrl when pnc.+erg by r.r rtifierJ rail or delkinrorl in <br /> U .- IN .- IOU Y1 hen iiJt u certified t i d i i ii i U Ii Y :, I VU ii i <br /> person to the County Public Works Director . Any notices , reports or other <br /> communications from the COUNTY to the SURVEYOR , shall be considered delivered <br /> when posted by certified mail to the SURVEYOR at the last address left on file with the <br /> COUNTY or delivered in- person to said SURVEYOR or its authorized representative . <br /> SECTION XII — TERMINATION <br /> Either party may terminate this Agreement upon seven (7) days written notice to <br /> the other party , except if the SURVEYOR terminates this Agreement , such termination <br /> shall not be effective , absent the COUNTY' s consent , until the SURVEYOR ' S <br /> completion to the COUNTY' s satisfaction , of any pending Work Order, <br /> SECTION XIII — SURVEYOR ' S PERSONNEL ASSIGNED TO THE PROJECT <br /> The COUNTY shall have the right of approval of all SURVEYOR ' s personnel <br /> assigned to any COUNTY project . Therefore , any subsequent changing of assigned <br /> personnel to any COUNTY project shall also be subject to COUNTY approval . Failure <br /> to adhere to this policy shall be considered a cause for contract termination . <br /> SECTION XIV — AUDIT RIGHTS <br /> The COUNTY reserves the right to audit the records of the SURVEYOR related <br /> to this Agreement at any time during the prosecution of the work included herein and for <br /> a period of three years after final payment is made . <br /> SECTION XV — SUBLETTING <br /> The SURVEYOR shall not sublet , assign , or transfer any work under this <br /> Agreement without the written consent of the COUNTY . When applicable and upon <br /> receipt of such consent in writing , the SURVEYOR shall cause the names of the <br /> engineering and surveying firms responsible for the major portions of each separate <br /> specialty of the work to be inserted on the reports or other data . <br /> SECTION XVI — WARRANTY <br /> The SURVEYOR warrants that it has not employed or retained any company or <br /> person other than a bona fide employee working solely for the SURVEYOR , to solicit or <br /> secure this Agreement , and that it has not paid or agreed to pay any company or person <br /> other than a bona fide employee working solely for the SURVEYOR any fee , <br /> commission , percentage fee , gifts or any other considerations , contingent upon or <br /> resulting from the award or making of this Agreement . For the SURVEYOR' S breach of <br /> violation of this warranty , the COUNTY shall have the right to annul this Agreement <br /> without liability . <br /> 5 <br /> F:\Engineering\Capital Projects\0390-Annual Survey Contracts\0390 05 -06 renewall\0390 05 -06 RENEWAL <br /> AGREEMENT- Burdette & Associates, Inc . . doc <br />