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<br /> ., /)713 <br /> r . . <br /> 9. Records and Inspections. The Consultant shall maintain full and accurate records <br /> with respect to all matters covered under this agreement. The City shall have free access at all proper times <br /> to such records, and the right to examine and audit the same and to make transcripts therefrom, and to <br /> inspect all program data, documents, proceedings, and activities. <br /> 10. Accomplishment of Project. The Consultant shall commence, carry out, and <br /> complete the project with all practicable dispatch, in a sound economical and efficient manner, in <br /> accordance with the provisions thereof and applicable laws. In accomplishing the project, the Consultant <br /> shall take such steps as are appropriate to insure that the work involved is properly coordimlted with related <br /> ~-. work being carried on in the City. <br /> 11. Provisions Concernin2: Certain Waivers. Subject to applicable law, any right or <br /> remedy which the City may have under this contract may be waived in writing by the City by a fonnal <br /> waiver, if, in the judgment of the City, this contract, as so modified, will still confonn to the terms and <br /> requirements of pertinent laws. <br /> 12. Matters to be Disre2:arded. The titles of the several sections, subsections, and <br /> paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded <br /> in construing or interpreting any of the provisions of this contract. <br /> 13. Completeness of Contract. This contract contains all the terms and conditions <br /> agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter <br /> of this contract or any part hereof shall have any validity or bind any of the parties hereto. <br /> 14. City Not Obli2:ated to Third Parties. The City shall not be obligated. or liable <br /> hereunder to any party other than the Consultant. . <br /> 15. When Ri2:hts and Remedies Not Waived. In no event shall the making by the City <br /> of any payment to the Consultant constitute or be construed as a waiver by the City of any breach of <br /> covenant, or any default which may then exist, on the part of Consultant, and the making of any such <br /> payment by the City while any such breach or default exists shall in no wise impair or prejudice any right <br /> or remedy available to the City in respect to such breach or default. <br /> 16. Personnel. The Consultant represents that he has, or will secure at his o\vn <br /> expense, all personnel required in performing the services under this agreement. Such personnel shall not <br /> be employees of or have any contractual relationship with the City. All of the services required hereunder <br /> will be perfonned by the Consultant or under his supervision, and all personnel engaged in the work shall <br /> be fully qualified to perfonn such services. <br /> 17. Consultant Liability if Audited. The Consultant will assume all financial and <br /> statistical infonnation provided to the Consultant by the City employees or representatives is accurate and <br /> complete. Any subsequent disallowance of funds paid to the City under the plan is the sole responsibility <br /> of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City <br /> indirect costs. <br /> 18. Notices. Any notices, bills, invoices, or reports by this agreement shall be sufficient <br /> if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below. <br /> City of San Marcos David M. Griffith & Associates, Ltd <br /> 630 E. Hopkins 13601 Preston Rei, Suite 400W <br /> San Marcos, Texas 78666 Dallas, Texas 75240 <br />