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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 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 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 /> 9 <br />