Archaeology Services Agreement-Nelson Siding Road

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5. REIMBURSEMENT: Requests for reimbursement must be in accordance with the contract. These requests must be submitted and approved by the County Auditor's Office. Reimbursement to the Contractor for approved invoices shall be made by the County within thirty (30) days upon receipt of invoice. The County may, at its sole discretion, terminate the contract or withhold reimbursement claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. Contractor will be notified in writing by the County if any disbursements are withheld. Notification shall include the steps necessary for the Contractor to take (if any) to allow the County to disburse the withheld reimbursement. 6. RETAINAGE: The County may retain a percentage of the total contract amount from payments to Contractor. Any percentages or amounts to be retained shall be clearly identified in the.Contract. The retained amount, if any, will be disbursed to the Contractor only upon completion and acceptance of the services to be rendered in accordance with the terms and conditions of this contract. 7. ADVANCED PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the County. S. RECOVERY OF PAYMENTS TO CONTRACTOR AND INTEREST RATE: The right of the Contractor to retain monies paid as reimbursement payments is contingent upon satisfactory performance of this contract including the satisfactory completion of the services to be rendered as described in the Scope of Work. In the event the Contractor fails, for any reason, to perform obligations required by this contract, the Contractor may, at the County's sole discretion, be required to repay the County all monies disbursed to the Contractor for those parts of the project that are rendered ineffectual, in the opinion of the County, by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the County demands repayment of funds. 9. AUDIT DISCREPANCIES: If any audit identifies discrepancies in the financial records, the Contractor shall provide clarification and/or make adjustments accordingly. Amounts that have been paid to the Contractor in violation of the terms of this contract shall be promptly refunded to the County. 10. OVERPAYMENT: In the event that the County establishes overpayment or erroneous payments made to the Contractor under this contract, the County may secure payment, plus interest shall accrue at a rate of twelve percent (12%) per annum from the time the County demands repayment of funds. 11. HOLD HARMLESS AND INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the County, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the contract. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Contractor's obligation to indemnify, defend, and hold harmless includes any claim by contractor's agents, Terms and Conditions Page 2 of 10