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<br /> 12. Successors and Assignments: The Owner and the Engineer, <br /> each binds himself, successors, executors, administrators, and assigns <br /> to the other party to this agreement, and to the successors, executors, <br /> administrators, and assigns of such other party in respect of all <br /> covenants of this agreement. Except as above, neither the Owner <br /> nor the Engineer shall assign, sublet or transfer his interest in <br /> this agreement without the written consent of the other. <br /> This contract is executed in two counterparts. <br /> IN TESTIMONY HEREOF, they have executed this agreement, the. <br /> day and year first above written. <br /> CITY OF SAN MARCOS <br /> ATTEST: Oi'mer Z~ <br /> By: ~ <br /> Royal Dunlap, City Manager <br /> FREESE AND NICHOLS, INC. <br /> ATTEST: Engineer <br /> ~f' (h~ <br /> <br /> 8. <br />