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A. This Agreement, including appendices and referenced attachments represents the entire <br /> and 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 /> 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 /> ARTICLE 11 <br /> NOTICES <br /> Notices required under this Agreement will be provided by the parties to one another and <br /> will be deemed received when sent by certified mail, return receipt requested, or by confirmed <br /> facsimile transmission, to the following addresses: <br /> To the City: To the Engineer: <br /> City Manager Kendall NeSmith, P.E. <br /> City of San Marcos Kimley-Horn and Associates, Inc. <br /> 630 E. Hopkins 601 NW Loop 410, Suite 350 <br /> San Marcos, Texas 78666 San Antonio, Texas 78216 <br /> Fax: 512.396.4656 <br /> Email: kendall.nesmith@kimley-horn.com <br /> The parties acknowledge that they have read, understand and intend to be bound by the <br /> terms and conditions of this Agreement. Each of the persons executing this Agreement represents <br /> that he or she has full power and authority to execute this Agreement on behalf of the party that <br /> person represents. This Agreement will be effective as of the day and year established in the first <br /> paragraph of this Agreement. <br /> Approved As to Form: <br /> By: <br /> City Attorney's Office <br /> 10 <br />