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C+J <br />C <br />C+J <br />specifications and estimates completed or partially completed and these shall become <br />the property of the OWNER. The earned value of the work performed shall be based <br />upon an estimate of the portions of the total services as have been rendered by the <br />ENGINEER to the date of termination and which estimate shall be as made by the <br />OWNER in consultation with ENGINEER for all services to be paid for on a lump sum <br />basis. <br />15. Non - Discrimination <br />Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall <br />not discriminate against any employee or applicant for employment, to be employed in <br />the performance of the work under this Agreement, with respect to hire, tenure, terms, <br />conditions or privileges of employment or any matter directly or indirectly related to <br />employment, because of race, color, religion, sex, handicap, national origin or ancestry. <br />Breach of this covenant may be regarded as a material breach of the Agreement. <br />16. Successors and Assignees <br />The OWNER, insofar as authorized by law, binds itself and its successors, and <br />the ENGINEER binds his successors, executors, administrators and assignees, to the <br />other party of this Agreement and to the successors, executors, administrators and <br />assignees of such other party, as the case may be insofar as authorized by law, in <br />respect to all covenants of this Agreement. <br />Except as above set forth, neither the OWNER nor the ENGINEER shall assign, <br />sublet or transfer its or his interest in this Agreement without the prior written consent of <br />the other. <br />17. Supplements <br />This Agreement may only be amended, supplemented or modified by a written <br />document executed in the same manner as this Agreement. <br />18. Duration of Agreement <br />If the basic services covered in this Agreement have not been completed by the <br />Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the <br />ENGINEER, extension of the ENGINEER's services beyond that time shall be revised <br />to include compensation for inflationary adjustments. <br />(The remainder of this page intentionally left blank.) <br />Ireland Road Right of Way Acquisition Services <br />Page 9 of 10 <br />Agreement <br />September 2012 <br />