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of the Public Works Department as to any decisions made by him he shall present his written objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership All reports , tracings , plans, specifications , field books , survey information, maps, contract documents, and other data developed by the ENGINEER for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the ENGINEER at any time upon request of the COUNTY . When all work contemplated under this Agreement is complete , all of the above data shall be delivered to the Director of the Public Works Department . B . Reuse of Documents All documents, including but not limited to drawings and specifications , prepared by the ENGINEER 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 . Any such utilization or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. The ENGINEER 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 XI - NOTICES Any notices, reports or other written communications from the ENGINEER to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the Director of the Public Works Department or County Engineer. Any notices , reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized representative . In person deliveries shall be evident by signed receipts . SECTION XII - 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. The County may, for public convenience , terminate this contract at any time provided 90 days written notice is given to the ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the ENGINEER as a result of such termination. SECTION XIII - AUDIT RIGHTS The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made . Page 13 of 16 CR 510 Design Agreemem20051104.doc November 7, 2005