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1 . 7 The Background Recitals are true and correct and form a material part of <br /> this Agreement. <br /> 2 . COUNTY OBLIGATIONS , <br /> 2 . 1 The COUNTY will provide the Consultant with a copy of any preliminary <br /> data or reports available as required in connection with the work to be performed under <br /> this Agreement , together with all available drawings , surveys , right-of-way maps , and <br /> other documents in the possession of the COUNTY pertinent to a Project . The <br /> Consultant shall satisfy itself as to accuracy of any data provided . The Consultant is <br /> responsible for bringing to the COUNTY's attention , for the COUNTY's resolution , <br /> material inconsistencies or errors in such data that come to the Consultant's attention . <br /> 2 . 2 The COUNTY shall arrange for access to , and make provisions for the <br /> Consultant to enter upon , public and private property (where required ) as necessary for <br /> the Consultant to perform its Services , upon the timely written request of Consultant to <br /> COUNTY . <br /> 2 . 3 The COUNTY shall promptly execute all permit applications necessary to <br /> the Project . <br /> 2A The COUNTY shall examine any and all studies , reports , sketches , <br /> drawings , specifications , proposals and other documents presented by the Consultant , <br /> and render, in writing , decisions pertaining thereto within a reasonable time . <br /> 2 . 5 Approval by the COUNTY of any of the Consultant's work , including but <br /> not limited to drawings , design specifications , written reports , or any work products of <br /> any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant <br /> of responsibility for the technical accuracy and adequacy of the work . Neither the <br /> COUNTY's review , approval or acceptance of, or payment for, any of the Services <br /> furnished under this Agreement shall be construed to operate as a waiver of any rights <br /> under this Agreement or of any cause of action arising out of the performance of this <br /> Agreement . The Consultant shall be and remain liable in accordance with all applicable <br /> laws for all damages to the COUNTY caused by the negligent performance by the <br /> Consultant of any of the Services furnished under this Agreement . <br /> 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers <br /> for the specific Services in connection with any Work Order. The Project Manager shall : <br /> (a ) act as the COUNTY's agent with respect to the Services rendered hereunder; ( b ) <br /> transmit instructions to and receive information from the Consultant ; (c ) communicate <br /> the COUNTY's policies and decisions to the Consultant regarding the Services ; and (d ) <br /> determine , initially , whether the Consultant is fulfilling its duties , responsibilities , and <br /> obligations hereunder. <br /> 2 . 7 The COUNTY shall give prompt written notice to the Consultant whenever <br /> the COUNTY observes or otherwise becomes aware of any development that affects <br /> 3 <br /> F :\Public Works\KeithM\Administrative\Master Agreements for Stormwater Consultants\Master Consultant Contract - ECT Master <br /> Agreement - 3-3-2005 - Final Version .doc <br />