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needed to properly perform this Contract. The failure of County' s designated
<br /> representative to give such notification shall not relieve Contractor of the obligation to
<br /> perform the work at the time and in the manner specified by this Contract .
<br /> Article 49 . Exceptions - While Contractors may take exception to the terms ,
<br /> conditions , and specifications in the Request for Proposal , the number and extent of
<br /> exceptions taken will be considered in determining proposal responsiveness and in
<br /> allocating proposal evaluation points .
<br /> Article 50 . News Releases / Publicity - News releases , publicity releases , or
<br /> advertisements relating to this Contract, the tasks , or projects associated with the project
<br /> shall not be made without prior County approval .
<br /> Article 51 . Substitution Of Personnel - It is the intention of County that the
<br /> Contractor' s personnel proposed for this Contract will be available for the initial contract
<br /> term . In the event the Contractor wishes to substitute personnel , it shall propose
<br /> personnel of equal or higher qualifications , and all replacement personnel are subject to
<br /> County approval . In the event substitute personnel are not satisfactory to County and
<br /> the matter cannot be resolved to the satisfaction of County , County reserves the right to
<br /> cancel this Contract for cause .
<br /> Article 52. Ownership Of Work, Documents , Information - County shall have full
<br /> ownership and the right to limit, reproduce , modify , sell , or use all of the work,
<br /> information , or work product produced under this contract without payment of any
<br /> royalties or fees to the Contractor above the agreed rates and related costs . Such
<br /> County ownership shall apply , as a minimum , to the following :
<br /> 1 . all documents , information , data , and recommendations ;
<br /> 2 , all drafts , and demographics;
<br /> 3 , all information and samples ; and
<br /> 4 . any and all materials or products developed by the Contractor, or given to
<br /> the Contractor, for this project throughout the course of this project will not be
<br /> used or given out without prior approval by the designated County
<br /> representative , and County shall maintain full ownership .
<br /> Article 53 . Future Expansion - In the event of any expansion of and/or annexation
<br /> to County' s service area which becomes effective subsequent to the Effective Date of
<br /> the Contract, the per unit price for service shall apply .
<br /> Article 54. Indemnity/Hold Harmless —
<br /> A . Contractor agrees to indemnify, hold harmless and defend (with counsel
<br /> reasonably acceptable to County) County, its council members , directors , officers ,
<br /> employees , partners , principals , contractors , agents , representatives , and each of
<br /> them , against any and all administrative and judicial proceedings and orders , charges ,
<br /> claims , costs , damages , demands , expenses , fines , judgments , liabilities , losses ,
<br /> penalties , and remedial actions of any kind , including the costs of any hazardous
<br /> materials remedial actions of any kind and all other related costs and expenses
<br /> incurred in connection therewith , including , but not limited to , reasonable attorneys '
<br /> fees and the costs of defense arising out of injury to persons , including , but not limited
<br /> to death , or damage to property, caused by , directly or indirectly , in whole or in part ,
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<br /> Document last printed 06/06/00 3: 09 PM
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