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2005-184
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2005-184
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B . Reuse of Documents <br /> All documents, including but not limited to drawings and specifications, prepared by the <br /> ENGINEER pursuant to this Agreement are related exclusively to the services described <br /> herein . They are not intended or represented to be suitable for reuse by the COUNTY or <br /> others on extensions of this project or on any other project. Any such utilization or <br /> adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon <br /> by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any <br /> reuse of the Documents and shall not be held liable for any modifications made to the <br /> documents by others . <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications from the ENGINEER to the COUNTY shall <br /> be considered delivered when posted by certified mail or delivered in person to the Director of the Public <br /> Works Department or County Engineer. Any notices, reports or other communications from the COUNTY <br /> to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the <br /> last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized <br /> representative . In person deliveries shall be evident by signed receipts. <br /> SECTION XII - TERMINATION <br /> The obligation to provide further services under this Agreement may be terminated by either party <br /> upon seven (7) days written notice in the event of substantial failure by the other party to perform in <br /> accordance with the terms hereof through no fault of the terminating party. The County may, for public <br /> convenience, terminate this contract at any time provided 90 days written notice is given to the <br /> ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to the <br /> date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses <br /> incurred by the ENGINEER as a result of such termination . <br /> SECTION XIII - AUDIT RIGHTS <br /> The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement <br /> at any time during the prosecution of the work included herein and for a period of one year after final <br /> payment is made . <br /> SECTION XIV - SUBLETTING <br /> The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the <br /> written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the <br /> ENGINEER shall cause the names of the engineering and surveying firms responsible for the major <br /> portions of each separate specialty of the work to be inserted on the reports or other data. <br /> SECTION XV - WARRANTY <br /> The ENGINEER warrants that he has not employed or retained any company or person other than <br /> bona fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract <br /> and that he has not paid or agreed to pay any company or person other than a bona fide employee working <br /> solely for the ENGINEER any fee, commission, percentage fee, gifts or any other considerations, <br /> contingent upon or resulting from the award or making of this contract . For breach violation of this <br /> 10 <br />
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