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3. Subletting and Assignment of Contract No portion of the work under this Agreement shall be sublet, assigned or otherwise disposed of, except with the written consent of the OWNER. Consent to sublet, assign or otherwise dispose of any portion of the work under this agreement shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of the Agreement. A subcontractor shall not subcontract any portion of its work under this Agreement. 4. Ownership of Documents All deliverable documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., as instruments of service, are to be the property of the OWNER upon payment of all sums due to the ENGINEER. The ENGINEER shall be entitled to keep copies. During the performance of the services, herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents, which he caused, herein enumerated, while they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the OWNER. 5. Access to Records The ENGINEER and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the OWNER and copies thereof shall be furnished if requested. 6. Compliance with State and Other Laws The ENGINEER specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, Ordinances and Regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. ENGINEER acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with standards applicable to the Indiana State Board of Accounts. Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 5 of 10