25C - AGMT - CATCH BASIN PROJECT

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County ajOmage, 00Fabiin Works MA•08415011198 Vocked Storm Warrrr lac Is. The Contractor's writes demand shall be fully supported by faatusl information, and, If such demand involves a coat adjustment to the Contrast, the Contractor Shall include with the demand a written statement signed by a senior official Indicating that the demand is made in good Milk, shat the supporting data are reasons and complete, and that the nmount requMst of accurately reflect$ the Contrast adjustment far which the Contractor bolieves the County is liablo. c. Pending the final resolution of any dispute arising tinder, related to, Or tnvotvinp this Contract, the MAIrMOror agrees to diligently proceed with the performance of this Contract, including the delivery of goods Mud /or provision Of services. The Contrsonees failure to diligently proceed $boll be considered a material broach of this Contract. Any float decision of tho County shall be expressly idsnHGed an Such, shall be in writing, and shall be signed by the County DPA or his designeo. If the County fells to tender a daeisiou within 94 days attar receipt Of the Contractor's demand, It shall be deemed a final derision adverse to the f.'nntmaIPT's contcmtons. The County's that decision shell 6o conclusive and binding regarding the dispute "age the Contractor commenaas action in A court Of competent juriadfOHon to contest such decision within 90 days following the date of the County's lino' decision or one year following the awmal of the cause of action, wbicbewris later, 10. Orderly Termination: Upon termination or other expiration of this Contract, each party shall promptly return to the other Party all papers, materials, and other properties of the otherheld by each furpurpmos of execudon of the Contact. In addf0on, each Party will cssiat tbo otlawpody in orderly Imagination of this Contract and the transfer ofall assets, tangible and intangible, as may be moutoury rot the orderly, non•disrupdva business continuation of each Party. 11. Errors and flagisslona; All reports, files and atber documents prepasedamf submitted by Contractor shall be complete acid shall be Carefully shacked by the profesdisnal(s) Identll ad by Connector as Project Munger and Contractor personnel attached hereto, prior to submission to ire County. Contractor ogres that Countyfevlcw Is discretionary and Cloatmatershatinot assume that the County will discover errors and/or omiseisns. if the County dfacovem any cours or amisstonu prior to Approving Conttsatoa's reports, filar and other written documents, the reports, flies o, documents wilt be returned to Contractor for correction, should the County Orations discoverorrsm or omissions in the reports, titan or other written documents submitted by Contractor after County approval theroo$ County approval of Commences reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor. and the reports, files or doemnants will be retained to Contractor for correction. 12. Notlmn Any and all outlets, requeata demands and other communications contemplated, called for, pormltted, Or required to be given hereunder shall ba in writing, except through the course of the paurbe, project monageo' routino exchange of h ilarmadon and cooperation timing the terms of the work and sorvims, Any written aommunicaHus shall ha deemed to have ham duty given upon actual in poraon delivery, if delivery Is by direct hand, or upon delivery on the actual day of receipt or fm greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage propels, wit iohovm occurs Gut. The data Of mailing shall counter the Brat day. All communications shall be addressed to the appropriate party At Ilia address stated herein or south Other address as the parties hereto tnsy designate by written notice from fine to time in the manner aforesaid, County: OC Public WmI(s/OC )3ngineming Ater: Charles liuselinger P08019 page s o120 25C -13