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(5) Final payment and release of 5 percent retainage shall be made when CONSULTANT has, in the COUNTY'S opinion, successfully completed all aspects included in this Agreement (and any �- amendments)and has submitted complete and legally effective releases or waivers(satisfactory to OWNER)of all Lien rights arising out of or Liens filed in connection with the Work. SECTION IX—RIGHT OF DECISIONS (1) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY'S Project Manager, 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 Project Manager'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. (2) Adjustments of compensation and 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'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 X-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 County Engineer. (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 XI-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 Page 7 of 11 F:\PublfcWorks\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bidg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and Asso-doc 39