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be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br /> <br />10.7 Should any provision in this Agreement be found or deemed to be invalid, this Agreement <br />will be construed as not containing the provision, and all other provisions which are other wise <br />lawful will remain in full force and effect, and to this end the provisions of the Agreement are <br />declared to be severable. <br /> <br />10.8 All services provided pursuant to this Agreement are for the exclusive use m~d benefit of the <br />City. <br /> <br />10.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors <br />and assigns will comply with all local, state and federal laws. <br /> <br />10.10 The City of San Marcos is governed by the Texas Public Information Act ( the "Act"), <br />Chapter 552 of the Texas Government Code. This Agreement and all un-itten i~rtbrmation generated <br />under this agreement may be subject to release under the Act. The Engineer shall not make any <br />organization without the written approval of the City. <br /> <br /> ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns <br />and iegal representatives to the other party to this Agreement and to the partners, successors, assigns <br />and legal representatives of such other party with respect to all covenants of this Agreement without <br />the ~vritten consent of the other. <br /> <br /> ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement represents the entire and integrated Agreement between the City and the <br />Engineer and supersedes all prior negotiations, representations or agreements either wr'itten or oral. <br />The Engineer's expenses for travel, office, production and other expenses associated directly or <br />indirectly with this Agreement are included as part of the total fee. Except as to a change in the <br />scope of services, the compensation for which does not exceed $25,000, this Agreement may be <br />amended only by separate written instrument approved by the City's governing body and signed by <br />both the City and Engineer. <br /> <br />12.2 Any exhibits and/or attacbznents attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />12.3 In the event of any conflict between the Agreement and the provisions of any exhibit or <br />attacl~nent to this Agreement, this Agreement will govern and control. <br /> <br />Byrn contract.wpd 14 <br /> <br /> <br />