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Agreement. <br /> G. Should any provision in this Agreement be found or deemed invalid, this Agreement will <br /> be construed as not containing the provision and all other provisions, which are otherwise lawful, <br /> will remain in full force and effect, and to this end, the provisions of this Agreement are declared <br /> severable. <br /> 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 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 /> 9 <br />