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2004-253B
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2004-253B
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limits of coverage required hereunder, from time to time throughout the term of this <br /> Agreement . In such event , the COUNTY shall provide the Consultant with separate <br /> written notice of such adjusted limits and Consultant shall comply within thirty (30 ) days <br /> of receipt thereof. The failure by Consultant to provide such additional coverage shall <br /> constitute a default by Consultant and shall be grounds for terminat on of this <br /> Agreement by the COUNTY. <br /> 7 . 10 The Consultant shall indemnify and hold harmless the COUNTY, and its <br /> officers and employees , from liabilities , damages , losses , and costs , including , but not <br /> limited to , reasonable attorneys ' fees , to the extent caused by the negligence , <br /> recklessness , or intentionally wrongful conduct of the Consultant and other persons <br /> employed or utilized by the Consultant in the performance of this Agreement . <br /> 8 , TERMINATION . <br /> 8 . 1 This Agreement may be terminated : (a ) by the COUNTY, for any reason , <br /> upon thirty (30 ) days ' prior written notice to the Consultant; or ( b ) by the Consultant, for <br /> any reason , upon thirty ( 30 ) days ' prior written notice to the COUNTY ; or (c) by the <br /> mutual Agreement of the parties ; or d ) as may otherwise be provided below . In the <br /> event of the termination of this Agreement, any liability of one party to the other arising <br /> out of any Services rendered , or for any act or event occurring prior to the termination , <br /> shall not be terminated or released . <br /> 8 . 2 In the event of termination by the COUNTY, the COUNTY' s sole obligation <br /> to the Consultant shall be payment for those portions of satisfactorily completed work <br /> previously authorized by approved Work Order. Such payment shall be determined on <br /> the basis of the hours of work performed by the Consultant, or the percentage of work <br /> complete as estimated by the Consultant and agreed upon by the COUNT up to the <br /> time of termination . In the event of such termination , the COUNTY may , without penalty <br /> or other obligation to the Consultant, elect to employ other persons to perform the same <br /> or similar services . <br /> 8 . 3 The obligation to provide services under this Agreemen may be <br /> terminated by either party upon seven ( 7 ) days prior written notice in the event of <br /> substantial failure by the other party to perform in accordance with the terms of this <br /> Agreement through no fault of the terminating party . <br /> 8A In the event that the Consultant merges with another company , becomes <br /> a subsidiary of, or makes any other substantial change in structure , the COUNTY <br /> reserves the right to terminate this Agreement in accordance with its terms . <br /> 8 . 5 In the event of termination of this Agreement, the Consultant agrees to <br /> surrender any and all documents prepared by the Consultant for the COUNTY in <br /> connection with this Agreement. <br /> C :\DOCUME - 1 \BETH-1 .BE'RLOCALS~1 \TEMP\ARCHITECT DONADIO work order for oeneral services.doc o <br />
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