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<br />9.9 In performing all services under this Agreement, the Consultant , its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />9.10 Nothing in this Agreement is intended as a waiver by the City of any immunity from suit to <br />which it is entitled under Texas law. <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 information generated <br />under this agreement may be sUQiect to release under the Act. The Consultant 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 10 <br />SUCCESSORS AND ASSIGNS <br /> <br />10.1 The City and the Consultant, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, successors, <br />assigns and legal representatives of such other party with respect to all covenants of this Agreement. <br />The City and the Consultant will not assign, sublet or transfer any interest in this 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 />Consultant and supersedes all prior negotiations, representations or agreements either written or oral. <br />The Consultant'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 Consultant. <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 4.1, Payments to the <br />Consultant, and the other terms and conditions of this Agreement, as follows: <br /> <br />HDRRate Design.wpd <br /> <br />14 <br />