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<br />otherwise lawful will remain in full force and effect, and to this end the provisions of this <br />Agreement are declared to be severable. <br /> <br />10.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City. <br /> <br />10.9 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />10.10 The City's execution and performance under this Agreement will not act as a waiver by <br />the City of any immunity from suit to which it is entitled under Texas law. <br /> <br />10.11 The City of San Marcos is governed by the Texas Public fuformation Act ( the "Act"), <br />Chapter 552 of the Texas Govennnent Code. This Agreement and all written information <br />generated under this agreement may be subject to release under the Act. The Engineer shall not <br />make any reports, information, data, etc. generated under this Agreement available to any <br />individual or 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, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all covenants of <br />this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this <br />Agreement without the written 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 written or <br />oral. The Engineer's expenses for travel, office, production and other expenses associated <br />directly or indirectly with this Agreement are included as part of the total fee. Except as to a <br />change in the scope of services, the compensation for which does not exceed $25,000.00, this <br />Agreement may be amended only by separate written instrument approved by the City' 5 <br />governing body and signed by both the City and Engineer. <br /> <br />12.2 Any exhibits and/or attachments 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 />attaclnnent to this Agreement, this Agreement will govern and contro1. <br /> <br />16 <br />