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2008-153
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2008-153
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SECTION IX - RIGHT OF DECISIONS <br /> All services shall be performed by the ENGINEER to the satisfaction of the County Attorney who <br /> shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason <br /> of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the <br /> character, quality, amount and value thereof, and the Director's decision upon all claims questions and <br /> disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly <br /> arbitrary or unreasonable. <br /> Adjustments of compensation and contract time because of any major changes in the work that <br /> might become necessary or be deemed desirable as the work progresses shall be reviewed by the County <br /> Attorney. In the event that the ENGINEER does not concur in the judgment of the County Attorney as to <br /> any decisions made by him he shall present his written objections to the County Administrator, and the <br /> County Attorney and the ENGINEER shall abide by the decision of the County Administrator of Indian <br /> River County, unless the decision is clearly arbitrary or unreasonable. <br /> SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> A. Ownership <br /> All reports, tracings, plans, specifications, field books, survey information, maps, contract <br /> documents, and other data developed by the ENGINEER for the purpose of this <br /> Agreement shall become the property of the COUNTY and shall be made available by the <br /> ENGINEER at any time upon request of the COUNTY. When all work contemplated <br /> under this Agreement is complete, all of the above data shall be delivered to the County <br /> Attorney. <br /> B. Reuse of Documents <br /> All documents, including but not limited to drawings and specifications, prepared by the <br /> ENGINEER pursuant to this Agreement are related exclusively to the services described <br /> herein. They are not intended or represented to be suitable for reuse by the COUNTY or <br /> others on extensions of this project or on any other project Any such utilization or <br /> adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon <br /> by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any <br /> reuse of the Documents and shall not be held liable for any modifications made to the <br /> documents by others. <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications from the ENGINEER to the COUNTY shall <br /> be considered delivered when posted by certified mail or delivered in person to the County Attorney. Any <br /> notices, reports or other communications from the COUNTY to the ENGIN EER shall be considered <br /> delivered when posted by certified mail to the ENGINEER at the last address left on file with the <br /> COUNTY or delivered in person to said ENGINEER or his authorized representative. In person deliveries <br /> shall be evident by signed receipts. <br /> SECTION XH - TERMINATION <br /> The obligation to provide further services under this Agreement may be terminated by either party <br /> upon seven ('n days written notice in the event of substantial failure by the other party to perform in <br /> accordance with the terms hereof through no fault of the terminating party. The County may, for public <br /> 3 <br />
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