EVALUATION OF CONSULTANT. The CONSULTANT shall be evaluated against its ability to meet the Performance Measures specified in Appendix C. Neither ALAMEDA CTC’s review, acceptance, nor payment for any of the services required under the AGREEMENT shall be construed to operate as a waiver of any rights under the AGREEMENT or of any cause of action arising out of the performance of the AGREEMENT, and the CONSULTANT shall be and remain liable to ALAMEDA CTC in accordance with applicable law for all damages to ALAMEDA CTC caused by the CONSULTANT’s negligent performance of any of the services furnished under the AGREEMENT.
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