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<br />-- <br /> <br />-- <br /> <br />-II <br /> <br />9.11 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 reports and data <br />generated under this agreement may be subject to release under the Act. The Depository will not <br />make any reports or data, etc. generated under this Agreement available to any individual or <br />organization without the written approval of the City. <br /> <br />9.12 The captions or headings included in this Agreement are for convenience only and in no <br />way define, limit or describe the scope or intent of any provisions, articles, or sections of this <br />Agreement. <br /> <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br /> <br />10.1 The City and the Depository, 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 Depository will not assign, sublet or transfer any interest in this <br />Agreement without the written consent of the other. <br /> <br />10.2 Notwithstanding any other provision of this Agreement which may be to the contrary, <br />this Agreement and the respective rights and obligations of the parties under it will remain in full <br />force and effect and not otherwise be affected by the merger of the Depository with a third party, <br />or by the acquisition of the Depository by a third party. The Depository will notify the City in <br />writing of any change in its partnership and/or ownership with 30 days from the date of such <br />change. <br /> <br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br /> <br />11.1 This Agreement represents the entire and integrated Agreement between the City and the <br />Depository and supersedes all prior negotiations, representations or agreements either written or <br />oral. This Agreement may be amended only by separate written instrument approved by the <br />City's governing body and signed by both the City and the Depository. <br /> <br />11.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />11.3 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 12 <br />BASIS OF COMPENSATION <br /> <br />12.1 The City will compensate the Consultant, in accordance with Article 4, Compensation, <br />and the other terms and conditions ofthis Depository, as follows: <br /> <br />8 <br />