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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 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 this <br />ordinance. <br />ARTICLE 10 <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 />this Agreement. The City and the Engineer will not assign, sublet or transfer any of their rights or <br />delegate or subcontract any of their duties under or interest in this Agreement in whole or in part, <br />without the prior written consent of the other. <br />B. The Engineer will notify the City, in writing, of any change in its partnership /ownership <br />within thirty (30) calendar days of such change. <br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br />A. This Agreement, including any appendices and referenced attachments or exhibits <br />represents the entire and integrated Agreement between the City and the Engineer and supersedes <br />all prior proposals, negotiations, representations or agreements either written or oral between the <br />parties. In the event of a dispute between the City and Engineer regarding the intent of this <br />Agreement, both parties agree that they will construe this Agreement in a manner consistent with <br />the City's Request for Proposals, the Engineer's proposal response and the public record of the <br />City Council's approval of this agreement as applicable. This Agreement may be amended only <br />by written instrument, which must be signed by both the City and the Engineer. The San Marcos <br />City Council must approve any such authorization of change in services or amendment if the <br />compensation for which exceeds $50,000.00. The City may agree to a revised completion <br />10 <br />