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SECTION IX SECTION CAPTION Each section under these contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any section or in any way determine its interpretation or applicaton. SECTION X ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT Any controversy hereafter arising between OWNER and ENGINEER in connection with this Agreement and any liability or claimed liab~lity created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant contained herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration by the demanding party. The party receiving such notice of arbitration must, within ten (10) days after receiving same, mail to the demanding party a not~ce of appointment of a second arbitrator. Such two arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator's appointment. Such arbitrational shall be binding on both parties. SECTION XI TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other party thirty (30) days notice in writing. Upon delivery of such notice by the OWNER to the ENGINEER and upon expiration of the thirty (30) day period, the ENGINEER shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the ENGINEER shall submit a statement showing in detail the services performed under this Agreement to the date of termination. The OWNER shall then pay the ENGINEER promptly for that proportion of the prescribed charges which the services actually performed under this Agreement, less such payments on account of the charges as have been previously made. Copies of the completed or partially completed map or maps prepared under this Agreement shall be delivered to the OWNER and if this Agreement is terminated, be subject to the restrictions as to their use, as set forth in Section VII. The ENGINEER may terminate this Agreement if the OWNER is in defau.Lt of this contract, has been notified of this default and 30 days after notification to OWNER, default has not been corrected or Agreement has not bee reached on deiault correction. -7-