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The Agreement shall be divided into units of deliverables, which shall include, but <br /> not be limited to, reports, findings, recommendations, and test results, that must be <br /> received and accepted in writing by the County Engineer, prior to payment. <br /> SECTION IX— RIGHT OF DECISIONS <br /> All services shall be performed by the GEOTECHNICAL PROFESSIONAL to the <br /> satisfaction of the County Engineer who shall decide all questions, difficulties, and <br /> disputes of whatever nature that may arise under or by reason of this Agreement, <br /> according to the prosecution and fulfillment of the service hereunder, and the character, <br /> quality, amount and value thereof. The COUNTY's decision upon all claims, questions, <br /> and disputes shall be final, conclusive, and binding upon the parties hereto, unless such <br /> determination is clearly arbitrary or unreasonable. <br /> Adjustments of compensation and contract time because of any major changes <br /> in the work that might become necessary or be deemed desirable as the work <br /> progresses shall be reviewed by the County Engineer. If the GEOTECHNICAL <br /> PROFESSIONAL does not concur in the judgment of the County Engineer as to any <br /> decisions made by him or her, it shall present its written objections to the County <br /> Administrator of Indian River County, who shall make a decision, and the <br /> GEOTECHNICAL PROFESSIONAL shall abide by the County Administrator's decision, <br /> unless the decision is clearly arbitrary or unreasonable. <br /> SECTION X—OWNERSHIP AND REUSE OF DOCUMENTS <br /> A. Ownership and Copyright: Ownership and copyright of all reports, test <br /> results, and other data developed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement, shall be vested in the <br /> COUNTY. Said materials shall be made available to the COUNTY by the <br /> GEOTECHNICAL PROFESSIONAL at any time upon request of the <br /> COUNTY. On or before the tenth day after all work contemplated under <br /> this Agreement is complete, all of the above materials shall be delivered to <br /> the County Engineer. <br /> B. Reuse of Documents: All documents, including but not limited to reports <br /> and tests, prepared or performed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement, are related exclusively to <br /> the services described herein They are not intended or represented to be <br /> suitable for reuse by the COUNTY or others on extensions of this project <br /> or on any other project. The COUNTY's reuse of any document shall be <br /> at the COUNTY's own risk. The COUNTY shall not hold the <br /> GEOTECHNICAL PROFESSIONAL liable for any misuse by others. <br /> SECTION XI — NOTICES <br /> Any notices, reports or other written communications from the GEOTECHNICAL <br /> PROFESSIONAL to the COUNTY shall be considered delivered when posted by <br /> certified mail or delivered in person to the County Engineer. Any notices, reports or <br /> other communications from the COUNTY to the GEOTECHNICAL PROFESSIONAL, <br /> shall be considered delivered when posted by certified mail to the GEOTECHNICAL <br /> PROFESSIONAL at the last address left on file with the COUNTY or delivered in-person <br /> to said GEOTECHNICAL PROFESSIONAL or Its authorized representative. <br /> 4 <br /> F\Public Works\ENGINEERING DIVISION PROJECTS11349-RFQ 2014007 Geotechnical Services\Admin\Agreements 2014-2015\2014-2016 <br /> AGREEMENT DUNKLEBERGER.doc <br />