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<br />8. Ownershi p of Documents: Drawi ngs and Speci fi cati ons as <br />instruments of service are the property of the Engineer whether the work on <br />which they are made be executed or not and the Engineer will retain in his <br />files original drawi~qs and Specificatons for the work. Upon completion of <br />construction, the Engineer shall revise the working drawings in accordance <br />wi th data furni shed by ContractÇ)r to show the Project as constructed and <br />the Owner shall be furni shed two sets of pri nts made from the "Record" <br />drawings. <br /> <br />9. Arbitration: No arbitration arising out of, or relating to, this <br />Agreement may include, by consolidation, joinder or in any other manner, <br />any additional party not a party to this Agreement. <br /> <br />10. Termination of Contract: This Contract may be terminated or the <br />scope of work may hereunder be modi fi ed at any time wi thout penalty or <br />liability except as may otherwise be specified herein, provided the <br />Engineer will be entitled to compensation for work completed prior to such <br />termination. <br /> <br />11. Successors and Assignments: The Owner and the Engineer, each <br />binds himself, his successors, executors, administrators, and assigns to <br />the other party to this agreement, and to the successors, executors, <br />administrators, and assigns of such other party with respect to all <br />covenants of thi s Agreement. Except as above, nei ther the Owner nor the <br />Engineer shal; assign, sublet or transfer his interest in this Agreement <br />without the written consent of the other. <br /> <br />This Contract is executed in two counterparts. <br /> <br />IN TESTIMONY HEREOF, they have executed this Agreement, the day and <br />year first above written. <br /> <br />ATTEST: <br /> <br />e:fk;Æf! 2Ý~ <br /> <br />CITY OF SAN MARCOS, TEXAS <br />Owner. <br /> <br /> <br />By: <br /> <br />(SEAL) <br /> <br />ATTEST: <br /> <br />FREESE AND NICHOLS, INC. <br />Engineer <br /> <br />A~rtj g <br /> <br />By: ø~ ~ <br />George H an, Vice President <br /> <br />N/1.12 <br />