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<br />ARTICLE 9 <br /> <br />SUCCESSORS AND ASSIGNS <br /> <br />9.1 <br /> <br />The Owner and the Engineer, <br /> <br />respectively, <br /> <br />bind <br /> <br />themselves, <br /> <br />their <br /> <br />partners, <br /> <br />successors, <br /> <br />assigns and legal representatives to the <br /> <br />other party to this Agreement and to the partners, successors, <br /> <br />assigns <br /> <br />and <br /> <br />legal <br /> <br />representatives <br /> <br />of <br /> <br />such <br /> <br />other <br /> <br />party with respect to all <br /> <br />covenants of this Agreement. <br /> <br />Neither the Owner nor the Engineer <br /> <br />shall <br /> <br />assign, <br /> <br />sublet <br /> <br />or transfer any interest in this Agreement without the <br /> <br />written consent of the other. <br /> <br />ARTICLE 10 <br /> <br />EXTENT OF AGREEMENT <br /> <br />10.1 <br /> <br />This Agreement represents the entire and integrated agreement <br /> <br />between <br /> <br />the <br /> <br />Owner <br /> <br />and <br /> <br />the <br /> <br />Engineer <br /> <br />and <br /> <br />supersedes <br /> <br />all <br /> <br />prior <br /> <br />negotiations, <br /> <br />representations <br /> <br />or <br /> <br />agreements, either written or oral. <br /> <br />This Agreement may be amended only by written instrument signed by both <br /> <br />Owner and Engineer. <br /> <br />ARTICLE 11 <br /> <br />OTHER DUTIES AS SET FORTH IN CONSTRUCTION CONTRACT DOCUMENTS <br /> <br />11.1 <br /> <br />Engineer shall have such other <br /> <br />duties <br /> <br />and <br /> <br />responsibilities <br /> <br />and limitations of authority as agreed to in writing by Engineer and as <br /> <br />are <br /> <br />set <br /> <br />forth in the construction contract documents which are made a <br /> <br />part hereof and incorporated herein by reference as <br /> <br />if <br /> <br />copied <br /> <br />herein <br /> <br />verbatim. <br /> <br />However, <br /> <br />in the event of conflict, dispute, or discrepancy <br /> <br />between the provisions of this Agreement and the construction <br /> <br />contract <br /> <br />documents <br /> <br />the <br /> <br />more <br /> <br />restrictive <br /> <br />and/or <br /> <br />burdensome provisions shall <br /> <br />govern and control. <br /> <br />ARTICLE 12 <br /> <br />BASIS OF COMPENSATION <br /> <br />The Owner shall compensate the Engineer for the Scope of <br /> <br />Services <br /> <br />provided, <br /> <br />in accordance with Article 4 Payments to the Engineer, <br /> <br />and the other terms and conditions of this Agreement, as follows: <br /> <br />12.1 <br /> <br />BASIC COMPENSATION <br /> <br />12.1.1 <br /> <br />For Basic Services as described in <br /> <br />Paragraphs <br /> <br />1.1 <br /> <br />through <br /> <br />1.5 Basic Compensation shall be computed as follows: <br /> <br />-16- <br />