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Revised 11/19 (STAFF REQ CHANGE v2 / Schnabel) 3 <br />of this Agreement the term or condition in this Agreement shall control. Should such <br />conflict arise the priority of documents shall be as follows: This Agreement, the <br />County’s RFP together with attachments, Provider’s Proposal together with <br />attachments. <br /> <br />ii) The Basic Services will be performed by the Provider in accordance with the <br />following schedule: (Insert task list and milestone dates) <br /> <br /> Task Milestone Date <br /> 1. Field Investigations 4 wks after NTP & OC diver work <br /> 2. 2A-Eval. of Gate Repl. Alt. (memo) 4 wks after Task 1 completion <br /> 3. 2B-Draft Dwgs, Specs, Design Rpt. 10 wks after OC select. of gate <br /> 4. 2C-Final Dwgs, Specs, Design Rpt. 4 wks after Task 3 comments <br /> 5. 2D-NCDEQ Approval/Permit After NCDEQ review of Task 4 <br /> 6. <br /> 7. <br /> 8. <br /> 9. <br /> 10. <br /> <br />iii) Should County reasonably determine that Provider has not met the Milestone Dates <br />established in Section 3(a)(ii), County shall notify Provider of the failure to meet <br />the Milestone Date. The County, at its discretion may provide the Provider seven <br />(7) days to cure the breach. County may withhold the accompanying payment <br />without penalty until such time as Provider cures the breach. In the alternative, <br />upon Provider’s failure to meet any Milestone Date the County may modify the <br />Milestone Date schedule. Should Provider or its representatives fail to cure the <br />breach within seven (7) days, or fail to reasonably agree to such modified schedule, <br />County may immediately terminate this Agreement in writing, without penalty or <br />incurring further obligation to Provider. This section shall not be interpreted to <br />limit the definition of breach to the failure to meet Milestone Dates. <br /> <br />4. Duration of Services <br /> <br />a. Term. The term of this Agreement shall be from August 20, 2020 to June 30, 2021. <br /> <br />b. Scheduling of Services <br />i) The Provider shall schedule and perform its activities in a timely manner so as to <br />meet the Milestone Dates listed in Section 3. <br /> <br />ii) Should the County determine that the Provider is behind schedule, it may require <br />the Provider to expedite and accelerate its efforts, including providing additional <br />resources and working overtime, as necessary, to perform its services in accordance <br />with the approved project schedule at no additional cost to the County. <br /> <br />iii) The Commencement Date for the Provider's Basic Services shall be August 20, <br />2020. <br /> <br />5. Compensation <br />DocuSign Envelope ID: 92FB5070-C04D-4F1C-8D4A-460E15B544B1