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way define, limit or describe the scope or intent of any provisions, articles, or sections of this <br />Agreement. <br />M. In the event that the performance by either the City or the Engineer of any of its <br />obligations under this Agreement is interrupted or delayed by events outside of their control such <br />as acts of God, war, riot or civil commotion, then the party is excused from such performance for <br />the period of time reasonably necessary to remedy the effects of such events. <br />N. In the event of a default or breach of this Agreement by the Engineer, the City reserves <br />the right to choose among the remedies for the default or breach available to the City. These <br />remedies may be used in conjunction with one another or separately, and together with any other <br />statutory or common law remedies available to the City. Any failure by the City to enforce this <br />Agreement with respect to one or more defaults by the Engineer will not waive the City's ability <br />to enforce the Agreement after that time. <br />O. No waiver by either party hereto of any term or condition of this Contract will be deemed <br />or construed to be a waiver of any other term or condition or subsequent waiver of the same term <br />or condition. <br />P. If applicable, the Engineer will pay all license fees, royalties and other costs incident to <br />the use of any invention, design, process, product or device subject to a patent right or copyright <br />held by others in performing the work or in the completed Project. <br />Q. It is the City's intent to be proactive with regard to the environment. The City <br />encourages "value purchasing" of environmentally friendly products. The Engineer is <br />encouraged to utilize green solutions in performing any services under the Agreement, as <br />appropriate. <br />R. The Consultant's attention is called to the fact that pursuant to San Marcos Ordinance No. <br />2013 -57, as amended, all City of San Marcos owned and rented/leased properties are smoke free <br />properties. All Consultants, their subconsultants and employees are prohibited from smoking <br />while on City property. This prohibition includes the enclosed areas of public places and <br />workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City <br />parks and the grounds outside of any City building. This prohibition includes e- cigarettes and <br />other inhaled vapor devices. The City may terminate this Agreement for noncompliance with <br />this ordinance. <br />ARTICLE 9 <br />SUCCESSORS AND ASSIGNS <br />A. The City and the Engineer, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all covenants of <br />