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XII. OWNERSHIP OF DOCUMENTS <br />All documents, including tracings, data, studies and <br />reports as instruments of service are to be the <br />property of the Owner. During the performance of <br />the engineering services herein provided for, the <br />Engineer shall be responsible for any loss or damage <br />to the documents herein enumerated while they are in <br />his possession and any such document lost or damaged <br />shall be restored at the expense of the Engineer. <br />Full access to the work during the preparation of the <br />plans shall be available to the Owner and other public <br />agencies interested in this work. <br />XIII. TERMINATION FOR DEFAULT <br />If, through any cause, the Engineer shall default in <br />performance of this Contract in accordance with its <br />terms and has failed to cure such default within <br />thirty (30) days after receipt of a notice specify- <br />ing such default, the Owner may terminate this Con- <br />tract. In such event, all finished or unfinished <br />documents, data, studies and reports prepared by <br />the Engineer under this Contract shall, at the option <br />of the Owner, become its property. If the Contract <br />is so terminated, the Owner may take over the work <br />and services and prosecute same to completion by con- <br />tract or otherwise, and the Engineer shall be liable <br />to the Owner for any excess costs occasioned by the <br />Owner thereby. Any such excess costs shall be <br />liquidated by use of the retained percentages of <br />progress payments due for work completed prior to <br />termination for default. If such retained funds are <br />not sufficient to liquidate such liability, the Owner <br />shall make a written demand upon the Engineer for the <br />unwritten liquidated balance thereof. <br />In case the Owner shall act under the last preceding <br />paragraph, the Engineer shall deliver to the Owner <br />within twenty (20) days all finished or unfinished <br />documents, data, studies, and reports prepared by <br />the Engineer under this Contract. In the event of <br />the failure by the Engineer to make such delivery <br />upon demand, then and in that event, the Engineer <br />shall pay to the Owner any damages it may sustain <br />by reason thereof. <br />N <br />