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SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act ( F . S . 218 . 70 ) to the SURVEYOR as provided by in the Work Order. A ten percent ( 10 % ) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor, The Agreement shall be divided into units of deliverables , which shall include , but not be limited to , reports , findings , drawings , recommendations , and drafts , that must be received and accepted in writing by the County Surveyor, prior to payment . SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement , according to the prosecution and fulfillment of the service hereunder, and the character, quality , amount and value thereof. The COUNTY' 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 . 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 shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision , and the SURVEYOR shall abide by the County Administrator' s decision , unless the decision is clearly arbitrary or unreasonable . SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright : Ownership and copyright of all reports , tracings , plans , electronic files , specifications , field books , survey information , maps , contract documents , and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY . Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete , all of the above materials shall be delivered to the County Surveyor. B . Reuse of Documents : All documents , including but not limited to reports , drawings and specifications , prepared or performed by the SURVEYOR 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 . The COUNTY' s reuse of any document or drawing shall be at the COUNTY' s own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others . SECTION XI — NOTICES Any notices , reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices , reports or other communications from the F:\PublicWorkskENGINEERING DIVISION PROJECTS11032-IRC 2011 -2014 Annual Professional Survey Services Contract\Master AgreementlAgreements\Master Agreement - Kimley Horn & Assoc - Updated.doc Page 4of8