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2004-150
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determination is clearly 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 Director <br /> of the Public Works Department. In the event that the ENGINEER does not concur in the judgment of the <br /> Director of the Public Works Department as to any decisions made by him he shall present his written <br /> objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by <br /> the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or <br /> 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 Director <br /> of the Public Works Department. <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 Director of the Public <br /> Works Department or County Engineer. Any notices, reports or other communications from the COUNTY <br /> to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the <br /> last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized <br /> representative . In person deliveries shall be evident by signed receipts. <br /> SECTION XII - TERMINATION <br /> The obligation to provide further services under this Agreement may be terminated by either party <br /> upon seven (7) 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 /> convenience, terminate this contract at any time provided 90 days written notice is given to the <br /> ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to the <br /> date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses <br /> incurred by the ENGINEER as a result of such termination. <br /> SECTION XIII - AUDIT RIGHTS <br /> 10 <br />
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