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<br />I <br /> <br />I <br /> <br />I <br /> <br />10.14 In the event of a default or breach of thIs Agreement by the Engmeer, 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 /> <br />ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 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 />this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this <br />Agreement without the prior wfltten consent of the other. <br /> <br />ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement, including appendices and referenced attachments represents the entire <br />and integrated Agreement between the City and the Engineer and supersedes all prior proposals, <br />negotiations, representations or agreements either written or oral between the parties. The <br />Engineer's expenses for travel, office, production and other expenses associated directly or <br />mdirectly with this Agreement are included as part of the total fee. Except as to a change in the <br />scope of services, the compensation for which does not exceed $25,000, this Agreement may be <br />amended only by separate written instrument approved by the City's governing body and signed <br />by both the CIty and Engmeer. <br /> <br />12.2 Any exhibits and/or attachments attached to this Agreement are mcorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />12.3 In the event of any conflict between the Agreement and the provisions of any exhibit or <br />attachment to thIS Agreement, this Agreement will govern and control. <br /> <br />ARTICLE 13 <br />OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS <br /> <br />13.1 Engineer will have such other duties and responsibihties and limitatIOns of authority as <br />agreed to by Engineer in writing and as are set forth in the construction contract documents for <br />the Project. However in the event of conflict, dispute, or discrepancy between the provisions of <br />this Agreement and the construction contract documents, the more restflctJve and/or burdensome <br />with respect to the Engineer's role and responsibility will govem and control. <br /> <br />CEC - Quail Run Waterline Agreement <br /> <br />15 <br />