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<br />or otherwise recover the full amount of such tee, commission, percentage, brokerage tee, gift or contingent fee. <br /> <br />VI. <br /> <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 f0l1h 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 <br />the Engineer, if any. On federal-aid participating projects any supplemental agreement must be approved by the <br />North Dakota Department of Transportation. <br /> <br />VII. <br /> <br />This agreement may be tetminated 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 <br />work to be performed hereunder the County will pay the Engineer the same percentage of the fee to be paid out as <br />the completed work bears percentage wise to the total work to be perfOimed under this contract. ($]4,743.00) The <br />original copies of all drawing, prints, plans, and field notes prepared by the Engineer prior to said termination shall <br />become the property of the County. Such termination shall not affect any legal right of the County against the <br />Engineer for any breach of this agreement. <br /> <br />VIII. <br /> <br />The Engineer shall indemnify, save, and hold harmless the County and/or North Dakota Department of <br />Transportation and employees thereof, from any and all claims, demands, actions or causes of action arising out of <br />the negligent acts, errors, or omissions of the Engineer, his employees, or agent, in the performance of the <br />agreement. or matters incidental thereto. <br /> <br />Any and all persons employed directly or indirectly by the Engineer who are engaged in the performance of any <br />work or services required of the Engineer under this agreement shall be considered employees of the Engineer only <br />and not of the County and North Dakota Department of Transportation. <br /> <br />The Engineer shall comply with federal state and local laws together with all ordinances and regulations applicable <br />to the work. He shall procure all licenses, permits. and other rights necessary for the fulfillment of his obligations <br />under this agreement. <br /> <br />The appropriate professional engineer (P.E.) andíor land surveyor (loS.) endorsement shall be placed on all <br />documents. plans. or plats. <br /> <br />The Engineer shall comply with Title VI of the Civil Rights Act of] 964, Executive Order I 12246 and Executive <br />Order 11375. In accordance with the aforementioned act, no person in the United States shall, on the grounds of <br />race. color. religion. sex, age, handicap, or national origin, be excluded fi'om participation in. be denied the benefits <br />of: or be otherwise subjected to discrimination under this agreement. <br /> <br />IX. <br /> <br />The services of the Engineer to be perfOlmed hereunder are persona] and shall not be assigned. sublet. or transferred. <br />except specialized services or additional work items. If the specialized services or additional work exceeds <br />$ I 0.000. the contract with the agency or firm doing the work shall contain all the provisions of this agreement.. The <br />Engineer shall not engage, on a full-or part-time or other basis during the period of this agreement, any professional <br />or technical personnel who are or have been at any time during the period of the agreement in the employment of the <br />FHWA. the North Dakota Department of Transp0l1ation, or the County, without the written consent of the public <br />employer of such person. <br /> <br />Î <br /> <br />..-- <br />