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2007-2008 Agreement Page 6 of 11 Continuing Professional Surveying/GIS Contract SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Public Works Director or designee who shall decide all questions , difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY'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. Adjustments of compensation and contract 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 Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision , and the SURVEYOR shall abide by the County Administrator's decision , unless the decision is clearly arbitrary or unreasonable . SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright Ownership and copyright of all reports , tracings, plans, electronic files, specifications , field books, survey information , maps , contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete; all of the above materials shall be delivered to the County Surveyor. B . Reuse of Documents: All documents , including but not limited to reports, drawings and specifications , prepared by the SURVEYOR 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. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any modifications made to the documents by others . SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Public Works Director or designee . Any notices, reports or other communications from the COUNTY to the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in-person to said SURVEYOR or its authorized representative . F:\Engineering\Capital Projects\0725- 2007 Annual Prof. 6urvey Contract\Agreements\0725- 07-08 Morgan Eklund AGREEMENT mob 2007.doc