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COUNTY ' S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY ' S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY ' S Project Manager and the CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . The CONSULTANT may appeal the decision to the Board of County Commissioners . SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS ( 1 ) Ownership All reports, tracings , plans, specifications, contract documents , and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department. (2) Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the services described herein . They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT . The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others . SECTION XII - NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY ' S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative . Such in person deliveries shall be evidenced by signed receipts. SECTION XIII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination . The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement. Page 14 of 18 7:\Public Works\ENGINEERING DIVISION PROJECTS\1135.5 County Park Intergeneretilonal Rec Fadllty\Admim\bid documents\Agreement with Borrelli and Partners, Ina 03-20-12doc