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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 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 />this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this <br />Agreement 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 10 <br />EXTENT OF AGREEMENT <br />A. This Agreement, including appendices and referenced exhibits represents the entire and <br />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. In the event <br />of a dispute between the City and Engineer regarding the intent of this Agreement, both parties <br />agree that they will construe this Agreement in a manner consistent with the City's Request for <br />Proposals, the Engineer's proposal response and the public record of the City Council's approval <br />of this agreement as applicable. This Agreement may be amended only by written instrument, <br />which must be signed by both the City and the Engineer. The San Marcos City Council must <br />approve any such authorization of change in services or amendment if the compensation for which <br />exceeds $50,000.00. The City may agree to a revised completion date /extension of time at its sole <br />discretion, and only upon receipt of a fully executed Authorization of Change in Services form <br />(Exhibit D). <br />B. Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />C. In the event of any conflict between this Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />[to] <br />