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1994-004
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1994-004
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hereunder, and 'le character, quality, am it and value thereof, <br /> and the Director' s decision upon all claims questions and <br /> disputes shall be final, conclusive and binding upon the parties <br /> hereto unless such determination is clearly arbitrary or <br /> unreasonable. <br /> Adjustments of compensation and contract time because of any <br /> major changes in the work that might become necessary or be <br /> deemed desirable as the work progresses shall be reviewed by the <br /> Director of the Public Works Department. In the event that the <br /> ENGINEER does not concur in the judgment of the Director of the <br /> Public Works Department as to any decisions made by him he shall <br /> present his written objections to the County Administrator; and <br /> the Public Works Director and the ENGINEER shall abide by the <br /> decision of the County Administrator of Indian River County, <br /> unless the decision is clearly arbitrary or unreasonable. <br /> SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> A. Ownership <br /> All reports, tracings, plans, specifications, field <br /> books, survey information, maps, contract documents, and other <br /> data developed by the ENGINEER for the purpose of this Agreement <br /> shall become the property of the COUNTY and shall be made <br /> available by the ENGINEER at any time Upon request of -the COUNTY. <br /> When all work contemplated under this Agreement is complete, all <br /> of the above data shall be delivered to the Director of the <br /> Public Works Department. <br /> B. Reuse of Documents <br /> All documents, including but not limited to drawings <br /> and specifications, prepared by the ENGINEER pursuant to this <br /> Agreement are related exclusively to the services described <br /> herein. They are not intended or represented to be suitable for <br /> reuse by the COUNTY or others on extensions of this project or on <br /> any other project. Any such utilization or adaptation will <br /> entitle the ENGINEER to further compensation at rates to be <br /> agreed upon by the COUNTY and the ENGINEER. The ENGINEER shall <br /> not be held liable for any reuse of the Documents and shall not <br /> be held liable for any modifications made to the documents by <br /> others. <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications _from <br /> the ENGINEER to the COUNTY shall be considered delivered when <br /> posted by certified mail or delivered in person to the Director <br /> of the Public Works, Department. Any notices, reports or other <br /> communications from the COUNTY to the ENGINEER shall be consider- <br /> ed delivered when posted by certified mail to the ENGINEER at the <br /> last address left on file with the COUNTY or delivered in person <br /> to said ENGINEER or his authorized representative. Such in <br /> person deliveries shall be evidencedbysigned receipts. <br /> 8 <br />
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