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<br />I <br /> <br />I <br /> <br />impair the quality of the engineering services or seriously delay <br />completion of the engineering services to be performed under this <br />contract, and the decision of the OWNER as to whether the quality <br /> <br />of the engineering services are impaired or whether-the engineering <br /> <br />services will be delayed shall be conclusive and binding upon the <br /> <br />parties to this contract. <br /> <br />The decision of the OWNER shall be binding if the OWNER decides <br />to cancel this project with the ENGINEER. The ENGINEER shall be <br /> <br />compensated for all his services up to the time of written cancellatiol <br /> <br />and as described in SECTION V. All work, drawings, documents, and <br /> <br />contracts relative to the work shall be turned over to the OWNER. <br /> <br />SECTION VII ,- SUCCESSORS AND ASSIGNS <br /> <br />The ENGINEER binds himself, his partner, successors, executors, <br /> <br />administrators /lnd assigns to the OWNI'1l i1nd to the slIccessors or <br /> <br />assigns of the OWNER in respect to all covenants of this Agreement, <br /> <br />and the OWNER binds itself, its successors and assigns to the ENGINEER <br /> <br />in respect to all covenants of this Agreement. It is expressly under- <br /> <br />stood that neither the OWNER nor the ENGINEER shall assign, sublet, or <br /> <br />transfer his interest or obligation to this Agreement without the <br /> <br />written consent of the other party. <br /> <br />SECTION VIII - SCHEDULE <br /> <br />The ENGINEER contracts and agrees that he will commence work <br />provided for herein within fifteen (15) days from the date written <br />authorization to proceed and will complete the ~reparation of the <br />preliminary phase in the earliest practical time, approximately 45 <br /> <br />days, and will proceed upon authorization to complete final drawings, <br />specifications, and contract documents shall be completed within <br /> <br />thirty t30) days. <br /> <br />SECTION IX - VENUE <br /> <br />Venue and jurisdiction of any suit, right or cause of action <br /> <br />I <br /> <br />arising under or in connection with this contract shall be exclusivel <br /> <br />in Hays County, Texas. <br /> <br />IN TESTIMONY WHEREOF, witness our hands at the City of San Marco <br /> <br />Hays County, Texas, this the 4th day of <br /> <br />June <br /> <br />1979. <br /> <br />CITY OF SAN MARCOS <br />OWNER <br /> <br />S. A. GARZA ENGINEERS, INC. <br />ENCiINEER <br /> <br />BY: <br /> <br />BY: <br /> <br />S. A. GARZA, P.E., PRESIDENl <br /> <br />John A. Hansen <br />Mayor <br />