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Page 7 of 12 <br /> 2007-2008 Agreement <br /> Continuing Professional Surveying/GIS Contract <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 project records of the SURVEYOR <br /> related to this Agreement at any time during the prosecution of the work included herein <br /> and for 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 /> SECTION XVII — DURATION OF AGREEMENT <br /> This Agreement shall remain in full force and effect for a period of two years after <br /> the date of execution thereof, or until completion of all project phases as defined by the <br /> F:\Engineering\Capital Projects\0725- 2007 Annual Prof Survey Contract\Agreements\0725- 07-08 Kimley Horn <br /> AGREEMENT mob 2007 KH REV 10-5-07.doc <br />