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<br /> ARTICLE 3 <br /> CONTROL BY OWNER <br /> 3.1.1 No work shall be done under this contract until the SURVEYOR is instructed, in writing, to <br /> proceed with the work, except that the execution of the contract shall serve as authority to proceed with <br /> the work. <br /> ARTICLE 4 <br /> CONTRACT NOT ASSIGNABLE <br /> 4.1.1 This contract shall not be assignable in whole or in part without the consent of the OWNER. <br /> ARTICLE 5 <br /> ACCESS TO RECORDS <br /> 5.1.1 The OWNER, the FAA the Comptroller General of the United States, or any of their duly <br /> authorized representatives, shall have access to any books, documents, papers, and records of the <br /> SURVEYOR which are directly pertinent to this project for the purpose of making audit, examination, <br /> excerpts, and transcriptions. <br /> ARTICLE 6 <br /> TITLE VI & MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES <br /> 6.1.1 See Attachment "A". <br /> ARTICLE 7 <br /> INDEMN IFICA TION <br /> 7.1.1 SURVEYOR shall and does hereby agree to indemnify and hold harmless the City of San <br /> Marcos, Texas, its officers, agents, and employees, from any and all damages, loss or liability of any kind, <br /> whatsoever, by reason of death or injury to property or third persons caused by the omission or negligent <br /> act of SURVEYOR, its officers, agents, employees, invitees or other persons for whom it is legally liable, <br /> in connection with the performance of this Contract, and SURVEYOR will, at its costs and expense, defend, <br /> pay on behalf of, and protect the City of San Marcos, Texas, and its officers, agents, and employees <br /> against any and all such claims and demands. <br /> ARTICLE 8 <br /> SURVEYOR AS INDEPENDENT CONTRACTOR <br /> 8.1.1 The SURVEYOR and his employees shall be considered independent contractors in their <br /> relationship to the OWNER. Nothing shall be intended to construe the SURVEYOR as an employee or <br /> servant of the City of San Marcos, Texas. <br /> ARTICLE 9 <br /> TERMINATION OF CONTRACT <br /> 9.1.1 It is agreed that the OWNER or the SURVEYOR may cancel or terminate this contract upon <br /> thirty (30) days written notice to the other, with the provision and understanding that immediately upon <br />