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Docusign Envelope ID:OD1 B73D8-FE9F-4145-B189-00576BE6FCDD <br /> Texas Tax Code 17LI011(Y3). Notwithstanding anything in this agreement and for the purpose of <br /> complying with"Texas Tax Code 171.1011(g)(3), the City agrees to the following: <br /> (1) Prior to commencing performance under this Agreement, Firm will provide the City with a <br /> list of proposed s Lib consultants, subcontractors, or agents to be used in Professional Firm's <br /> services under this Agreement. The City shall have the right to accept or reject the use of any <br /> subconsultant, subcontractor, or agent on the Professional Finn's list. Such acceptance or <br /> rejection shall be given within a commercially reasonable time from the date the Professional <br /> Firm delivers it, and; <br /> (2) Any payment made by the Owner to the Firm that includes fees payable to a subconsultant, <br /> subcontractor or agent of Professional Firm under this Agreement shall constitute an acceptance <br /> by the Owner of Firm's use of any such subconsultant, subcontractor or agent of the Firm under <br /> this Agreement. <br /> Force Majeure. Professional Firm shall have no liability for any delay caused by an event of force <br /> majeure, the Owner or any of its consultant's or contractors, or circumstances outside of its reasonable control. <br /> Termination for Convenience. The Owner's City Manager or the City Manager's designee may terminate <br /> the Agreement at any time upon thirty(30)calendar days' notice in writing to the Firm. Upon receipt of such notice, <br /> the Finn shall,unless the notice directs otherwise,discontinue all services in connection with the performance of the <br /> Agreement. As soon as practicable after the receipt of notice of tennination, Professional Firm shall submit a <br /> statement to the appropriate department(s) showing in detail the services performed or items delivered under the <br /> Agreement to date of termination. The Owner agrees to compensate the Firm for that portion of the prescribed charges <br /> for which the services were actually performed or items delivered under the Agreement and not previously paid. <br /> Notices. All notices referenced in this Agreement shall be provided in writing. Notices shall be deemed <br /> effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S. Mail. <br /> Notices shall be sent to the following addresses: <br /> If to Owner: The City of San Marcos <br /> 630 East Hopkins Street <br /> San Marcos,Texas 78666 <br /> Attn: City Purchasing Manager's Office <br /> cosnrpu�cl�w ii i,�,,O),saniriarcost gv. <br /> With Copies to: The City of San Marcos <br /> 630 East Hopkins Street <br /> San Marcos,Texas 78666 <br /> Attn: City Attorney's Office <br /> l c;g (Info a;Err1rita c.o tx...go <br /> If to Professional Finn Utility Engineering Group, PLLC <br /> 191 North Union Avenue <br /> New Braunfels, Texas <br /> Attn: Garry Montgomery <br /> garrynl i��� <br /> The parties may designate alternative persons or addresses for receipt of notices by written notice. <br /> Changes in.Service. If a Party requires a change or amendment to this Agreement or its Exhibits,the <br /> Parties agree to use the Authorization of Change in Services Form in Exhibit 4 to do so. The Authorization of <br /> Rev 12.12.2024 Page 6 of 14 <br />