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2003 S ERCD - Contract with Legacy Research Associates, Inc. for a Cultural & Archaeological Survey of NHSC Park Property
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2003 S ERCD - Contract with Legacy Research Associates, Inc. for a Cultural & Archaeological Survey of NHSC Park Property
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8/11/2011 2:16:15 PM
Creation date
8/11/2011 2:16:12 PM
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BOCC
Date
11/5/2003
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8h
Document Relationships
Agenda - 11-05-2003-8h
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 11-05-2003
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7.4 Time of Essence: Client and Subconsultant recognize that time is of the <br />essence with respect to the performance of this Agreement and there is <br />potential for financial loss by Client. in the event that the Subconsultant fails <br />to complete the work within the time specified in article 3.1. <br />ARTICLE 8 - SUBCONSULTANTS RESPONSIBILITIES <br />8.1 Employees of the Subconsultant: The Subconsultant shall be subject to <br />and operate under all applicable Federal and State laws regarding employer's <br />. liability, worker's compensation, Federal social security, and unemployment <br />compensation insurance; and the Subconsultant expressly agrees that it is an <br />independent contractor and its employees engaged in the work are not and <br />shall not be treated or considered employees of the Client. <br />8.2 Safety: In performing the work, the Subconsultant shall comply with all <br />applicable laws, ordinances, rules, regulations, and lawful authorities or any <br />public authority having .jurisdiction for the safety of persons or property and <br />protect the same from damage, injury, or loss. The Subconsultant shall-take <br />all reasonable precautions to prevent damage, injury, or loss to all persons <br />performing services hereunder, the work, all materials and equipment utilized <br />therein, and all other property at the site of the work and adjacent thereto. <br />The Subconsultant shall erect and maintain, as required by existing conditions <br />and progress of work, all reasonable safeguards for safety and protection of <br />persons and property, including posting danger signs and other warnings <br />against hazards, promulgating safety regulations and notifying appropriate <br />Client personnel as well as adjacent property owners. <br />8.3 Proprietary Information: The Subconsultant shall not .directly or indirectly <br />or through its employees disclose to any third person or use for the benefit of <br />anyone other than the Client, either during or after the term of this <br />Agreement (or for the period of time stipulated in the applicable data), any <br />secret, confidential or proprietary information of the Client, whether relating <br />to the work performed hereunder or to the business and affairs of the Client. <br />Such information shall include, without limitation, Client manuals, forms or <br />procedures. Disclosure shall not be made without the prior written consent of <br />the Client unless law, in which case notification of the request for such <br />information shall be provided to the Client prior to release, requires <br />disclosure. The Client shall similarly treat information provided by the <br />Subconsultant and identified in writing as confidential and/oi- proprietary. <br />8.4 Publications: The Subconsultant shall not publish or publicly disseminate <br />any information or data derived or obtained from or in connection with any <br />services rendered hereunder, without the prior written consent of the Client. <br />8.5 Technical Data: All evaluations, reports, records, and other work products <br />produced by the Subconsultant pursuant to this Agreement shall be <br />considered proprietary technical data belonging to the Client and shall be <br />subject to the provisions of this Article 8. <br />8.6 Permits and Licenses: Except as specifically otherwise provided by the <br />Contract Documents, the Subconsultant has or will have, prior to .the <br />commencement of any work, all necessary business and professional licenses, <br />Page 6 of 11 <br />
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