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<br />ARTICLE VIII - Successors and Assigns <br /> <br />The within Agreement shall be binding upon Owner and Engineer and their <br />respective heirs, successors, executors, administrators and assigns, Neither <br />Owner nor Engineer may assign or transfer their respective rights or interests <br />hereunder without the written consent of the other except, however, that all <br />accounts and monies earned and accrued to Engineer hereunder may be assigned <br />by Engineer. <br /> <br />ARTICLE IX - Subcontracts <br /> <br />Engineer shall not subcontract any part of its service hereunder without <br />the prior written consent of Owner. The contract price in subcontracts should, <br />except as otherwise approved by Owner, be either a lump sum or if on a cost <br />plus basis, should be subject to a guaranteed maximum amount. <br /> <br />No subcontract shall provide for advance payment or down payments without <br />the specific prior approval of Owner for each such subcontract. Such approval <br />may be contingent upon provisions for adequate security for any such prepayments. <br />Engineer agrees to bind each subcontractor to the terms of the Contract Documents <br />insofar as they are applicable to the work to be performed. It is the intention' <br />of the parties that similar obligation and rights are to be obtained in each <br />subcontract as are provided for in the Contract Docu"-ents. <br /> <br />ARTICLE X - Notices <br /> <br />Any written notice required or provided for under the terms of the <br />Contract Documents (except specifically provided in the case of Insurance) <br />shall be given and deemed to have been duly served either (1) by delivering <br />same in person to the individual or to an officer of the corporation for whom <br />it is intended, or (2) by depositing same, registered mail, postage prepaid, <br />in the United States mail, addressed to the respective parties, as indicated <br />below: <br /> <br />OWNER <br /> <br />ENGINEER <br /> <br />David Doty <br /> <br />City Manager <br />post Office Box 1037 <br /> <br />Paris, Texas 75460 <br /> <br />Larry J. Freeman, P.E. <br />Shimek, Jacobs & Finklea <br />8333 Douglas Ave., Suite 820 <br />Dallas, Texas 75225 <br /> <br />ARTICLE XI - Termination of Agreement by Owner <br /> <br />Owner may at any time and for any reason terminate this Agreement by <br />giving fifteen (15) days' written notice the:eof to Engineer. Upon receipt <br />of such termination notice, Engineer shall stop all work and deliver to Owner <br />as promptly as practicable, copies of all completed or partially completed <br /> <br />- 4 - <br />