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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 Public Works Director, 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 Public Works Director who shall decide all questions , <br /> difficulties , and disputes of whatever nature that may arise under or by reason of this <br /> Agreement , according to the prosecution and fulfillment of the service hereunder, and <br /> the character, quality , amount and value thereof. The COUNTY' s decision upon all <br /> claims , questions , and disputes shall be final , conclusive , and binding upon the parties <br /> hereto , unless such 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 Public Works Director. If the <br /> GEOTECHNICAL PROFESSIONAL does not concur in the judgment of the County <br /> Public Works Director as to any decisions made by him or her, it shall present its written <br /> objections to the County Administrator of Indian River County , who shall make a <br /> decision , and the GEOTECHNICAL PROFESSIONAL shall abide by the County <br /> Administrator' s decision , 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 Public Works Director <br /> Be 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 Public Works Director. Any notices , <br /> reports or other communications from the COUNTY to the GEOTECHNICAL <br /> PROFESSIONAL , shall be considered delivered when posted by certified mail to the <br /> GEOTECHNICAL PROFESSIONAL at the last address left on file with the COUNTY or <br /> delivered in-person to said GEOTECHNICAL PROFESSIONAL or its authorized <br /> representative . <br /> 4 <br /> C :\DOCUME~ 1 \WORKST� l \LOCALS� l \TEMPORA \7018 AGREEMENT-Dunkelberger Engineering. doc <br />