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(2) Adjustments of compensation and time because of any major changes in the work that might <br /> become necessary or be deemed desirable as the work progresses shall be reviewed by the <br /> COUNTY'S Project Manager. In the event that the CONSULTANT does not concur in the <br /> judgment of the COUNTY'S Project Manager as to any decisions made by him, he shall present <br /> his written objections to the County Administrator; and the COUNTY'S Project Manager and the <br /> CONSULTANT shall abide by the decision of the County Administrator of Indian River County, <br /> unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the <br /> decision to the Board of County Commissioners. <br /> SECTION XI- OWNERSHIP AND REUSE OF DOCUMENTS <br /> (1) Ownership <br /> All reports, tracings, plans, specifications, contract documents, and other data developed by the <br /> CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY <br /> and shall be made available by the CONSULTANT at any time upon request of the COUNTY. <br /> When all work contemplated under this Agreement is complete, all of the above data shall be <br /> delivered to the Director of the Public Works Department. <br /> (2) Reuse of Documents <br /> All documents, including but not limited to drawings and specifications, prepared by the <br /> CONSULTANT pursuant to this Agreement are related exclusively to the services described <br /> herein They are not intended or represented to be suitable for reuse by the COUNTY or others on <br /> extensions of this project or on any other project. Any such utilization or adaptation will entitle <br /> the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the <br /> CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents <br /> and shall not be held liable for any modifications made to the documents by others. <br /> SECTION XII-NOTICES <br /> Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be <br /> considered delivered when posted by certified mail or delivered in person to the COUNTY'S project <br /> manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall <br /> be considered delivered when posted by certified mail to the CONSULTANT at the last address left on <br /> file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. <br /> Such in person deliveries shall be evidenced by signed receipts. <br /> SECTION XIII—TERMINATION <br /> The obligation to provide further services under this Agreement may be terminated by either party upon <br /> thirty (30) days written notice in the event of substantial failure by the other party to perform in <br /> accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines <br /> it not in the public interest to continue this Agreement. In the event of any terminations, the <br /> CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to <br /> reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of <br /> such termination. The CONSULTANT will deliver to the COUNTY all work performed prior to <br /> termination of the Agreement. <br /> Page 4 of 7 <br /> C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph l.doc <br />