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11.2 Any exhibits and attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />11.3 This Agreement includes by reference, the provisions of RFP 209-028, the Vendor's <br />response to RFP 209-028, the Statements of Work and any other exhibit or attachment to this <br />Agreement. In the case of any conflict among the provisions of this Agreement, the following <br />descending order of precedence will be observed: <br />a) This Agreement; <br />b) Project Approach Plan #1; <br />c) Subsequent Project Approach Plans; <br />b) RFP 209-028 only with regard to software hardware and maintenance and pertinent <br />addenda; <br />c) The Vendor's Response to RFP 208-090; <br />d) Other attachments to this Agreement; and <br />e) Exhibits, which are part of attachments to this Agreement if any. <br />ARTICLE 12 <br />NOTICES <br />12.1 Notices required under this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br />To the City: To the Vendor: <br />City Manager Michael McAleer, President <br />City of San Marcos Brazos Technology Corporation, Inc. <br />630 E. Hopkins 707 South Texas Avenue, Ste. 103D <br />San Marcos, Texas 78666 College Station, Texas 77842 <br />Fax 512-396-4656 Fax: 713-583-9323 <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br />13.1 The City will compensate the Vendor, in accordance with Article 4, Payments to the <br />Vendor, the attached Project Approach Plan #1 and any other pertinent terms and conditions of <br />this Agreement. <br />13.2 Vendor understands that it will not bill for Services or Products unless the City has <br />accepted Products and Services in accordance with Subsection 1.1.8. <br />13.3 Both the City and the Vendor estimate that the total amount to be paid to the Vendor for <br />the provision of this System, including but not limited to, support, maintenance and training all <br />as detailed in Article 1, the attached Project Approach Plan #1 and all other associated <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />17