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B. Reuse of Documents All documents, including but not limited to computer software/programs, drawings, reports, and specifications, prepared by FIT pursuant to this Agreement are related exclusively to the services described herein. Compensation will not be required for reuse of the documents for any purpose by the COUNTY. FIT 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 IX - NOTICES Any notices, reports or other written communications from FIT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Coastal Engineer at 1840 250, Street, Vero Beach, FL.. Any notices, reports or other communications from the COUNTY to FIT shall be considered delivered when posted by certified mail to FIT at College of Engineering, Division of Marine and Environmental Systems, Oceanography Program, 150 W. University Blvd., Melbourne, FL. 32901-6988 or the last address left on file with the COUNTY or delivered in person to FIT or his authorized representative. In person deliveries shall be evidence by signed receipts. SECTION X - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any terminations, FIT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by FIT as a result of such termination. SECTION XI - AUDIT RIGHTS The COUNTY reserves the right to audit the records of FIT related to this Agreement at any time during the prosecution of the work included herein and for a period of ci.e year after final payment is made. SECTION XII - SUBLETTING FIT shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, FIT shall cause the names of the firms responsible for the major portions ofeach separate specialty of the work to be inserted on the reports or other data. SECTION XIII - WARRANTY FIT warrants that he has not employed or retained any company or person other than bona fide employee working solely for FIT to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for FIT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability. -3-