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such fee,commission,percentage,brokerage fee,gift or contingent fee. <br /> VI. <br /> No change in the type or extent of the work to be performed by the Engineer shall be made except by supplemental <br /> agreement in writing between the County and the Engineer. The supplemental agreement shall set forth the proposed <br /> changes of work,extension of time for preparation of the plans,and adjustment to the fee to be paid by the County to the <br /> Engineer,if any. On federal-aid participating projects any supplemental agreement must be approved by the North Dakota <br /> Department of Transportation. <br /> VII. <br /> This agreement maybe terminated by the County and North Dakota Department of Transportation at any time upon <br /> written notice to the Engineer. In the event that such termination should take place before the completion of the total work <br /> to be performed hereunder the County will pay the Engineer for the completed hourly work not to exceed the total work to <br /> be performed under this contract. <br /> In the event that the termination of this agreement is not the fault of the Engineer the County shall compensate the <br /> Engineer for services performed prior to the termination,along with reimbursable expenses then due. <br /> The original copies of all drawing,prints,plans,and field notes prepared by the Engineer prior to termination shall <br /> become the property of the County. Such termination shall not affect any legal right of the County against the Engineer <br /> for any breach of this agreement. <br /> The design services done as a result of this agreement are intended for use only on the project that is the subject of this <br /> agreement. The design services are not intended to be used on other projects. In the event that the County uses the design <br /> services that are the subject of this agreement on another project the use of the design services will be at the County's own <br /> risk. <br /> VIII. <br /> The Engineer shall indemnify,save,and hold harmless the County and/or North Dakota Department of Transportation and <br /> employees thereof,from any and all claims, demands,actions arising out of the negligent acts,errors,or omissions of the <br /> Engineer,his employees,or agent,in the performance of the agreement,or matters incidental thereto. <br /> Any and all persons employed directly or indirectly by the Engineer who are engaged in the performance of any work or <br /> services required of the Engineer under this agreement shall be considered employees of the Engineer only and not of the <br /> County or North Dakota Department of Transportation. <br /> The Engineer shall comply with applicable federal state and local laws together with all applicable ordinances and <br /> regulations applicable to the work. He shall procure all licenses,permits,and other rights necessary for the fulfillment of <br /> his obligations under this agreement. <br /> The appropriate professional engineer(F.E.)and/or land surveyor(U.S.)endorsement shall be placed on all documents, <br /> plans,or plats. <br /> The Engineer shall comply with Title VI of the Civil Rights Act of 1964,Executive Order 112246 and Executive Order <br /> 11375. In accordance with the aforementioned act,no person in the United States shall,on the grounds of race,color, <br /> religion,sex,age,handicap,or national origin,be excluded from participation in,be denied the benefits of,or be <br /> otherwise subjected to discrimination under this agreement. <br /> IX. <br /> The services of the Engineer to be performed hereunder are personal and shall not be assigned,sublet,or transferred, <br /> 2 <br />