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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 /> 0. No waiver by either party hereto of any term or condition of this Contract 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 /> 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 Engineer's attention is called to the fact that pursuant to San Marcos Ordinance No.2013- <br /> 57, as amended, all City of San Marcos owned and rented/leased properties are smoke free <br /> properties. All Engineers,their subconsultants and employees are prohibited from smoking while <br /> on City property. This prohibition includes the enclosed areas of public places and workplaces <br /> and within 10 feet of doors and windows of City-owned or rented buildings,all City parks and the <br /> grounds outside of any City building. This prohibition includes e-cigarettes and other inhaled <br /> vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. <br /> 9 <br />