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through no fault of the terminating party. If the services of this Agreement are terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the OWNER. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of termination and which estimate shall be as made by the OWNER in consultation with ENGINEER for all services to be paid for on a lump sum basis. 15. Non - Discrimination Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 16. Successors and Assignees The OWNER, insofar as authorized by law, binds itself and its successors, and the ENGINEER binds his successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Except as above set forth, neither the OWNER nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the prior written consent of the other. 17. Supplements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 18. Duration of Agreement If the basic services covered in this Agreement have not been completed by the Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the ENGINEER, extension of the ENGINEER's services beyond that time shall be revised to include compensation for inflationary adjustments. (The remainder of this page intentionally left blank.) Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 9 of 10