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♦ y the timing or delivery of the Consultant's Services . If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub-consultant , and , as a result , will be unable to perform fully and satisfactorily under the provisions of this Agreement , then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion , and upon the submission to the COUNTY of evidence of the causes of the delay , the Work Order shall be modified in writing as set forth in this Agreement , subject to the COUNTY' S rights to change , terminate , or stop any or all of the Services at any time in accordance with this Agreement . 2 . 8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant' s control and through no fault or negligence of the Consultant . The parties acknowledge that adverse weather conditions , acts of God , or other unforeseen circumstances of a similar nature , may necessitate modifications to this Agreement . If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree , in writing , to the modifications to be made to this Agreement . 3 , RESPONSIBILITIES OF THE CONSULTANT . 3 . 1 The Consultant agrees to perform all necessary professional engineering , project design , construction phase services , and other Services in connection with the assigned Project( s ) as set forth in the Work Orders and in this Agreement . 3 . 2 The Consultant will endeavor not to duplicate any previous work done on any Project . Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY' s requirements for the Project . 3 . 3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3 . 4 The Consultant will maintain an adequate staff of qualified personnel . 3 . 5 The Consultant will comply with all present and future federal , state , and local laws , rules , regulations , policies , codes , and guidelines applicable to the Services performed under this Agreement . 3 . 6 The Consultant , as a part of the consideration hereof, does hereby covenant and agree that : ( 1 ) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in , denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person 's race , color, creed , national origin , religion , physical disability , age or sex ; and (2 ) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local , state , and federal rules , regulations , or guidelines , as such rules , regulations , or guidelines may be from time to time amended . 4 F :\Public Works\Keith M\Administrative\Master Agreements for Stormwater Consultants\Master Consultant Contract - ECT Master Agreement - 3-3-2005 - Final Version .doc