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percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of
<br />this agreement. For breach or violation of this warranty, the County and North Dakota Department of Transportation
<br />shall have the right to annul this agreement without Liability, or to deduct from the agreement price or consideration
<br />or otherwise recover the full amount of 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
<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 />VII.
<br />This agreement may be 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
<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 beazs percentage wise to the total work to be performed under this contract. ($13,150.00) 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 />VIII.
<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 />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 />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 />The appropriate professional engineer (P.E.) and/or land surveyor (L.S.) endorsement shall be placed on all
<br />documents, plans, or plats.
<br />The Engineer shall comply with Title VI of the Civil Rights Act of 1964, Executive Order 112246 and Executive
<br />Order 11375. ]n 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 from participation in, be denied the benefits
<br />of, or be 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, ar transferred,
<br />except specialized services or additional work items. If the specialized services or additional work exceeds
<br />$10,000, 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 Transportation, or the County, without the written consent of the public
<br />employer of such person.
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