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The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, recommendations, and test results, that must be received and accepted in writing by the County Engineer, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the GEOTECHNICAL PROFESSIONAL to the satisfaction of the County Engineer 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 Engineer. If the GEOTECHNICAL PROFESSIONAL does not concur in the judgment of the County Engineer as to any decisions made by him or her, it shall present its written objections to the County Administrator of Indian River County, who shall make a decision, and the GEOTECHNICAL PROFESSIONAL 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, test results, and other data developed by the GEOTECHNICAL PROFESSIONAL pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the GEOTECHNICAL PROFESSIONAL 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 Engineer. B. Reuse of Documents: All documents, including but not limited to reports and tests, prepared or performed by the GEOTECHNICAL PROFESSIONAL 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 shall be at the COUNTY's own risk. The COUNTY shall not hold the GEOTECHNICAL PROFESSIONAL liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the GEOTECHNICAL PROFESSIONAL to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Engineer. Any notices, reports or other communications from the COUNTY to the GEOTECHNICAL PROFESSIONAL, shall be considered delivered when posted by certified mail to the GEOTECHNICAL PROFESSIONAL at the last address left on file with the COUNTY or delivered in-person to said GEOTECHNICAL PROFESSIONAL or its authorized representative. 4 F:1Public Works\ENGINEERING DIVISION PROJECTS\1349-RFQ 2014007 Geotechnical Services1Admin\Agreements 2014-2015\2014-2016 AGREEMENT DUNKLEBERGER.doc 61