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Prompt Payment Act, Florida Statute 218 . 70 et seq . SECTION Vt - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the Public Works Director who shall decide all questions , difficulties , and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Director' s decision upon all claims questions and disputes shall be final , conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . The Public Works Director shall review adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses . In the event that the ENGINEER does not concur in the judgment of the Public Works Director as to any decisions made by him he shall present his written objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . SECTION VII - NOTICES Any notices , reports or other written communications from the ENGINEER to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the Public Works Director. Any notices , reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized representative . In person deliveries shall be evident by signed receipts . SECTION VIII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven ( 7 ) 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 . The County may, for public convenience , terminate this contract at any time provided 90 days written notice is given to the ENGINEER. In the event of any terminations , the ENGINEER 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 ENGINEER as a result of such termination. SECTION IX - AUDIT RIGHTS The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made . SECTION X - SUBLETTING The ENGINEER shall not sublet, assign , or transfer any work under this Agreement without the written consent of the COUNTY . When applicable and upon receipt of such consent in writing , the ENGINEER shall cause the names of the Page 3 of 6 C : ADocuments and Settings\brianr\Local Settings\Temporary Internet Files\Content . Outlook\H I CJ6HAP\BDA AGREEMENT . doc