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SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> A. Ownership <br /> All reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and <br /> other data developed by the ENGINEER for the purpose of this Agreement shall become the property of <br /> the COUNTY and shall be made available by the ENGINEER at any time upon request of the COUNTY. <br /> When all work contemplated under this Agreement is complete, all of the above data shall be delivered to <br /> the Director of the Public Works Department. <br /> B . Reuse of Documents <br /> All documents, including but not limited to drawings and specifications, prepared by the ENGINEER <br /> pursuant to this Agreement are related exclusively to the services described herein. They are not intended <br /> or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any <br /> other project. Any such utilization or adaptation will entitle the ENGINEER to further compensation at <br /> rates to be agreed upon by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable <br /> for any reuse of the Documents and shall not be held liable for any modifications made to the documents <br /> by others. <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications from the ENGINEER to the COUNTY shall be considered <br /> delivered when posted by certified mail or delivered in person to the Director of the Public Works Department. Any <br /> notices, reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted <br /> by certified mail to the ENGINEER at the last address left on file with the COUNTY or delivered in person to said <br /> ENGINEER or his authorized 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 upon seven (7) <br /> days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof <br /> through no fault of the terminating party. The County may, for public convenience, terminate this contract at any time <br /> provided 90 days written notice is given to the ENGINEER. In the event of any terminations, the ENGINEER will be paid <br /> for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable <br /> expenses incurred by the ENGINEER as a result of such termination. <br /> SECTION XIII - AUDIT RIGHTS <br /> The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any time <br /> during the prosecution of the work included herein and for a period of one year after final payment is made. <br /> Page 11 of 16 <br /> G:\Admin\Marketing\Proposals\WPB\2006\43rd Avenue Arcadis Agrement 8- 11 -06.doc <br />