CONTRACTING WITH OTHERS. It is expressly understood and agreed that either the County or the Contractor shall be free to contract with others to receive or to perform services similar to those to be provided under this Agreement.
CONTRACTING WITH OTHERS. It is expressly understood and agreed that both the County and the Consultant are free to contract at any time with others to perform services similar to those to be provided under this Agreement.
CONTRACTING WITH OTHERS. The Joint Venture Entity shall be free to contract with Persons other than Cal Dive and CSO for the performance of Services in connection with EPIC Projects or other projects if either Cal Dive or CSO, as applicable, is not willing to provide the Services on terms and conditions which are as favorable to the Joint Venture Entity as those offered by such other Persons. Prior to contracting with a Person other than Cal Dive or CSO for the performance of Services, the Joint Venture Entity shall provide Cal Dive or CSO, as the case may be, with the terms and conditions which the Joint Venture Entity is proposing to accept from a third Person (the "Proposed Terms"). The Proposed Terms shall relate only to the Services or the Services shall be separately valued in the Proposed Terms. Cal Dive or CSO shall have the option of performing the Services on the same terms and conditions as the Proposed Terms or upon such other arm's-length terms and conditions as may be mutually agreed to in writing by the Joint Venture Entity and Cal Dive or CSO. If Cal Dive or CSO does not exercise its right to perform the Services in writing within ten (10) days after receiving the Proposed Terms from the Joint Venture Entity, the Joint Venture Entity shall be free to obtain the Services from another Person on terms and conditions which are no more favorable to the Person providing such Services than the Proposed Terms.
