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<br />I <br /> <br />I <br /> <br />I <br /> <br />9.11 The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter <br />552 of the Texas Government Code. This Agreement and all written information generated under <br />this agreement may be subject to release under the Act. The Engineer shall not make any reports, <br />information, data, etc. generated under this Agreement available to any individual or organization <br />without the written approval of the City. <br /> <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br /> <br />10.1 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 ofthis Agreement without <br />the written consent of the other. <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 />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 $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 />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 Engineer, in accordance with Article 4, Payments to the <br />Engineer, and the other terms and conditions of this Agreement, as follows: <br /> <br />12.2 The total fee to be paid to Engineer for Basic Services as described in Sections 1.1 through <br />1.2 will be based on the Engineer's hourly rates as shown in Attachment A. The total of all fees <br />charged by the Engineer for Phase 1 services will not exceed $43,400.00. This compensation is <br />divided among the tasks as specified in Attachment A to this Agreement. <br /> <br />PBSJ2.wpd <br /> <br />7 <br />