Termination of Budgeted Projects Prior to Final Budget Book. The County shall have the right to terminate a Budgeted Project prior to the County’s approval of the Budget Book in accordance with Section 4.8 for the relevant Budgeted Project (in which case, the Annual Plan shall be modified accordingly), without any liability on its part, other than payment of the Actual Project Costs (including the Base Fee and applicable Incentive Fee, to the extent earned) incurred by the Manager prior to the date of such termination, subject to Cost Substantiation and the Maximum Design Cost. Prior to approval of a Final Budget Book, the County retains the right, in its sole discretion, to decide if, when, by whom and the extent to which a Project is undertaken by the County, if at all. The County shall not be precluded or prohibited, in any manner, from procuring, engaging or contracting with an alternative vendor, or constructing any Projects using County employees, and any such actions by the County shall not constitute an Event of Default by the County or give rise to any cause of action or liability on the part of the County.
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