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2 . 3 The SWDD shall promptly execute all permit applications necessary to the <br /> Project. <br /> 2A The SWDD shall examine any and all studies , reports , sketches , drawings , <br /> specifications , proposals and other documents presented by the Consultant, and render, in <br /> writing , decisions pertaining thereto within a reasonable time . <br /> 2 . 5 Approval by the SWDD of any of the Consultant's work , including but not <br /> limited to drawings , design specifications , written reports , or any work products of any <br /> nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of <br /> responsibility for the technical accuracy and adequacy of the work . Neither the SWDD 's <br /> review, approval or acceptance of, or payment for, any of the Services furnished under this <br /> Agreement shall be construed to operate as a waiver of any rights under this Agreement or <br /> of any cause of action arising out of the performance of this Agreement. The Consultant <br /> shall be and remain liable in accordance with all applicable laws for all damages to the <br /> SWDD caused by the negligent performance by the Consultant of any of the Services <br /> furnished under this Agreement. <br /> 2 . 6 The SWDD reserves the right to appoint one or more Project Managers for <br /> the specific Services in connection with any Work Order. The Project Manager shall : (a) <br /> act as the SWDD's agent with respect to the Services rendered hereunder; (b) transmit <br /> instructions to and receive information from the Consultant; (c) communicate the SWDD 's <br /> policies and decisions to the Consultant regarding the Services ; and (d) determine , initially, <br /> whether the Consultant is fulfilling its duties , responsibilities , and obligations hereunder. <br /> 2 . 7 The SWDD shall give prompt written notice to the Consultant whenever <br /> SWDD observes or otherwise becomes aware of any development that affects the timing <br /> or delivery of the Consultant's Services . If the Consultant has been delayed in completing <br /> its Services through no fault or negligence of either the Consultant or any sub-consultant, <br /> and , as a result, will be unable to perform fully and satisfactorily under the provisions of <br /> this Agreement, then the Consultant shall promptly notify the Project Manager. In the <br /> SWDD's sole discretion , and upon the submission to the SWDD of evidence of the causes <br /> of the delay, the Work Order shall be modified in writing as set forth in this Agreement, <br /> subject to the SWDD 'S rights to change , terminate , or stop any or all of the Services at any <br /> time in accordance with this Agreement. <br /> 2 . 8 The Consultant shall not be considered in default for a failure to perform if <br /> such failure arises out of causes reasonably beyond the Consultant's control and through <br /> no fault or negligence of the Consultant. The parties acknowledge that adverse weather <br /> conditions , acts of God , or other unforeseen circumstances of a similar nature , may <br /> necessitate modifications to this Agreement. If such conditions and circumstances do in <br /> fact occur, then the SWDD and Consultant shall mutually agree , in writing , to the <br /> modifications to be made to this Agreement . <br /> 3 <br />