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<br />Texas Tax Code 171.1011(g)(3). 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 /> <br />(1) Prior to commencing performance under this Agreement, Firm will provide the City with a <br />services under this Agreement. The City shall have the right to accept or reject the use of any <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 />the Firm under <br />this Agreement. <br /> <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 /> <br />Termination for Convenience. The Owner may terminate <br />the Agreement at any time upon thirty (30) calendar day notice in writing to the Firm. Upon receipt of such notice, <br />the Firm 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 termination, 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 /> <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 /> <br /> <br />If to Owner: The City of San Marcos <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br /> <br />cosmpurchasing@sanmarcostx.gov <br /> <br />With Copies to: The City of San Marcos <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />Attn: <br />LegalInfo@sanmarcostx.gov <br /> <br />If to Professional Firm Halff Associates, Inc., dba Halff <br /> 13620 Briarwick Dr., Building C., Suite 100 <br /> Austin, Texas 78729 <br /> Attn: Eric Ratzman, PE, LGPP <br /> eratzman@halff.com <br /> With copy to: LegalHelp@halff.com <br /> <br /> The parties may designate alternative persons or addresses for receipt of notices by written notice. <br /> <br />Rev 12.12.2024 <br />Page 6 of 44 <br /> <br />