Res 2005-190 - Laserfiche WebLink

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I I I 10.10 The City's executIon and performance under thIS Agreement WIll not act as a waIver by the CIty of any Immulllty from SUIt to whIch It IS entItled under apphcable law The partIes acknowledge that the CIty, m executmg and performmg thIS Agreement, IS a governmental entIty actmg m a governmental capaCIty 10.11 The CIty of San Marcos IS governed by the Texas PublIc InformatIOn Act (the "Act"), Chapter 552 of the Texas Government Code. ThIS Agreement and all wntten mformatIon generated under thIS agreement may be subJect to release under the Act. The Engmeer WIll not make any reports, mformatIon, data, etc generated under thIS Agreement avaIlable to any mdIvIdual or organIzatIOn WIthout the wntten approval of the City 10.12 The captIOns or headmgs mcluded m thIS Agreement are for convelllence only and m no way define, lImIt or describe the scope or mtent of any prOVISIons, artIcles, or sectIOns of thIS Agreement. 10.13 In the event of a default or breach of thIS Agreement by the Engmeer, the CIty reserves the nght to choose among the remedIes for the default or breach avaIlable to the CIty These remedIes may be used m conJunctIOn WIth one another or separately, and together WIth any other statutory or common law remedIes aVailable to the City Any faIlure by the CIty to enforce thIS Agreement WIth respect to one or more defaults by the Engmeer WIll not Waive the CIty'S abIlIty to enforce the Agreement after that tIme ARTICLE 11 SUCCESSORS AND ASSIGNS 11 1 The CIty and the Engmeer, respectIvely, bmd themselves, theu partners, successors, aSSIgns and legal representatIves to the other party to thIS Agreement and to the partners, successors, aSSIgns and legal representatIves of such other party WIth respect to all covenants of thIS Agreement. The City and the Engmeer WIll not aSSIgn, sublet or transfer any mterest m thIS Agreement WIthout the wntten consent of the other ARTICLE 12 EXTENT OF AGREEMENT 12.1 ThIS Agreement represents the entIre and mtegrated Agreement between the City and the Engmeer and supersedes all pnor negotIatIOns, representatIOns or agreements eIther wntten or oral. The Engmeer's expenses for travel, office, productIOn and other expenses assocIated duectly or mduectly WIth thIS Agreement are mcluded as part of the total fee. Except as to a change m the scope of servIces, the compensatIon for WhICh does not exceed $25,00000, thIS Agreement may be amended only by separate wntten mstrument approved by the City's governmg body and SIgned by both the CIty and Engmeer 12.2 Any exhibIts and/or attachments attached to thIS Agreement are mcorporated by reference mto thIS Agreement as though mcluded verbatIm herem. APt\i Surface WHt 16