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H. All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City and this Agreement does not create any rights in third parties. <br />I. In performing all services under this Agreement, the Engineer, its agents, employees, <br />subcontractors, successors and assigns will comply with all local, state and federal laws. the charter <br />and ordinances of the City of San Marcos and with all applicable rules and regulations promulgated <br />by local, state, and federal boards, bureaus, and agencies. It is the Engineer's responsibility to <br />obtain all necessary permits and licenses required to provide services required by this Agreement. <br />J. The City's execution of and performance under this Agreement will not act as a waiver by <br />the City of any immunity from suit or liability to which it is entitled under applicable law. The <br />parties acknowledge that the City, in executing and performing this Agreement, is governmental <br />entity acting in a governmental capacity. <br />K. The City of San Marcos is governed by the Texas Public Information Act (the "Act "), <br />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 Agreement 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 />0 <br />