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5 <br /> 3.1.3 Should County reasonably determine that Consultant has not met the Milestone <br /> Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to <br /> meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) <br /> days to cure the breach. County may withhold the accompanying payment without penalty until <br /> such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet <br /> any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or <br /> its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to <br /> such modified schedule County may immediately terminate this Agreement in writing without <br /> penalty or incurring further obligation to Consultant. This section shall not be interpreted to <br /> limit the definition of breach to the failure to meet Milestone Dates. <br /> ARTICLE 4 DURATION OF SERVICES <br /> 4.1 Scheduling of Services <br /> 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as <br /> to meet the Milestone Dates listed in Article 3. <br /> 4.1.2 Should the County determine that the Consultant is behind schedule, it may require <br /> the Consultant to expedite and accelerate his efforts, including providing additional resources <br /> and working overtime, as necessary, to perform his services in accordance with the approved <br /> project schedule at no additional cost to the County. <br /> 4.1.3 The Commencement Date for the Consultant's Basic Services shall be upon <br /> execution of the contract by both parties. <br /> ARTICLE 5 COMPENSATION <br /> 5.1 Compensation for Basic Services <br /> 5.1.1 Compensation for Basic Services shall include all compensation due the <br /> Consultant from the County for all services satisfactorily (as determined by the County) <br /> performed pursuant to this Agreement except for any authorized Reimbursable Expenses which <br /> are defined herein. The maximum amount payable for Basic Services is two hundred eighty <br /> seven thousand two hundred eighteen Dollars ($287,218.00). Payment for Basic Services shall <br /> become due and payable in direct proportion to satisfactory services performed and work <br /> accomplished. Payments will be made as set out in Attachment B, the "Pay Schedule." <br /> ARTICLE 6 RESPONSIBILITIES OF THE COUNTY <br /> 6.1 Cooperation and Coordination <br /> 6.1.1 The County has designated Craig N. Benedict, AICP, Orange County Planning <br /> Director, to act as the County's representative with respect to the Project and shall have the <br /> authority to render decisions within guidelines established by the County Manager and the <br /> County Board of Commissioners and shall be available during working hours as often as may be <br /> reasonably required to render decisions and to furnish information. <br /> Revised 11/19 (rev031920jcb per dept) <br /> 3 <br />