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Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this agreement may be subject to release under the Act. The Engineer will not <br />make any reports, information, data, etc. generated under this Agreement available to any <br />individual or organization without the written approval of the City. Upon receipt of a request for <br />information under the Act, the City will immediately notify the Engineer of the request, and it will <br />be the responsibility of the Engineer to object, within ten days of the City's receipt of the request, <br />to the Texas Attorney General by way of a written request. If the Engineer fails to submit a letter <br />to the Attorney General within ten days of the City's receipt of a request for information, the City <br />shall release the information in accordance with the Act. <br />L. The captions or headings included in this Agreement are for convenience only and in no <br />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 obligations <br />under this Agreement is interrupted or delayed by events outside of their control such as acts of <br />God, war, riot or civil commotion, then the party is excused from such performance for the period <br />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 the <br />right to choose among the remedies for the default or breach available to the City. These remedies <br />may be used in conjunction with one another or separately, and together with any other statutory <br />or common law remedies available to the City. Any failure by the City to enforce this Agreement <br />with respect to one or more defaults by the Engineer will not waive the City's ability to enforce <br />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 the <br />use of any invention, design, process, product or device subject to a patent right or copyright held <br />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 encourages <br />"value purchasing" of environmentally friendly products. The Engineer is encouraged to utilize <br />green solutions in performing any services under the Agreement, as appropriate. <br />R. The Engineer'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 />6 <br />