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All books, documents, papers, accounting records, and other evidence pertaining to the cost incurred under the agreement shall be retained by the engineer and available for inspection by the county, deparV:nent, or FHWA for a period of three years after the date of final payment. The files and records shall be available in the engineer's office located at 2502 N. University Drive, Fargo, ND 58105. VII. The engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the engineer, any fee, commission, pementage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the county and department shall have the right to annul this agreement without liability, or to deduct fi.om the agreement price or consideration or othetwvise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ¥111. No change in the type or extent of the work to be performed by the engineer shall be made except by supplemental agreement in writing between the county and the engineer. The supplemental agreement shall set forth the proposed changes of work, extension of tkme for preparation of the plans, and adjustment to the fee to be paid by the county to the engineer, if any. On federal-aid participating projects any supplemental agreement must be approved by the department. IX. This agreement may be terminated by the county and depamnent at any time upon written notice to the engineer. In the event that such termination should take place before the completion of the work to be performed hereunder the county will pay the engineer the same percentage of the fee to be paid out as the completed work bears percentage wise to the total work to be performed under this contract. The original copies of ail drawing, prints, plans, and field notes prepared by the engineer prior to said termination shall become the property of the county. Such termination shall not affect any legal right of the county against the engineer for any breach of this agreement. Xo The engineer shall indemnify, save, and hold harmless the county and/or department and employees thereof, fi.om any and all claims, demands, actions or causes of action arising out of the negligent acts, errors, or omissions of the engineer, his employees, or agent, in the performance of the agreement, or matters incidental thereto. Any and all persons employed directly or indirectly by the engineer who are engaged in the performance of any work or services required of the engineer under this agreement shall be considered employees of the engineer only and not of the county and department. The engineer shall comply with federal state and local laws together with all ordinances and regulations applicable to the work. He shall procure all licenses, permits, and other fights necessary for the fulfillment of his obligations under this agreement. The appropriate professional engineer (P.E.) and/or land surveyor (L.S.) endorsement shall be placed on all documents, plans, or plats. Page 3 of 4