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8. Ownership of Documents: Drawi ngs and Specifications as instruments of service are the property of the Engineer whether the work on which they are made be executed or not and the Engineer will retain in his files original drawings and Specificatons for the work. Upon completion of construction, the Engineer shall revise the working drawings in accordance with data furni shed by Contractor to show the Proj ect as constructed and the Owner shall be furnished two sets of pri nts made from the "Record" drawings. 9. Arbitration: No arbitration arising out of, or relating to, this Agreement may i ncl ude, by consoli dati on, j oi nder or in any other manner, any additional party not a party to this Agreement. 10. Termination of Contract: This Contract may be terminated or the scope of work may hereunder be modifi ed at any time without penalty or liability except as may otherwise be specified herein, provided the Engineer will be entitled to compensation for work completed prior to such termination. 11. Successors and Assignments: The Owner and the Engineer, each binds himself, hi s successors, executors, administrators, and assi gns to the other party to this agreement, and to the successors, executors, administrators, and assigns of such other party with respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engi neer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. This Contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed thi s Agreement, the day and year first above written. ATTEST: CITY OF SAN MARCOS, TEXAS Owner. By: anager (SEAL) ATTEST: FREESE AND NICHOLS, INC. Engineer A~rJj£ By: &~ L- George Hu an, Vice President N/1.12