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<br />10.11 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 written information generated <br />under this agreement may be subject to release under the Act. The Engineer shall not make any <br />reports, information, data, etc. generated under this Agreement available to any individual or <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 legal 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. The <br />City and the Engineer will not assign, sublet or transfer any interest in this Agreement without the <br />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 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 $15,000, 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 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 />attachment to this Agreement, this Agreement will govern and control. <br /> <br />ARTICLE 13 <br />OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS <br /> <br />13.1 Engineer will have such other duties and responsibilities and limitations of authority as <br />agreed to by Engineer in writing and as are set forth in the construction contract documents for the <br />Project. However in the event of conflict, dispute, or discrepancy between the provisions of this <br />Agreement and the construction contract documents, the more restrictive and/or burdensome will <br />govern and control. <br /> <br />16 <br />