Res 1995-103 - Laserfiche WebLink

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J :J-/~ -12- 9.7 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 9.8 Should any provision herein be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 9.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of CITY. 9.10 In performing this Agreement, ENGINEER, its subcontractors, successors and assigns, will comply with all local, state and federal laws. 9.11 The City of San Marcos is governed by the Texas Open Records Act ("ORA"), Chapter "SS2 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under the ORA. ARTICLE 10 SUCCESSORS AND ASSIGNS 10.1 The CITY and the ENGINEER, respectively, .bind themselves, their 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. Neither the CITY nor the ENGINEER will assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 11 EXTENT OF AGREEMENT 11.1 This Agreement represents the.entire and integrated agreement between the CITY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. Except as to additional services, the compensation for which does not exceed $lS,OOO, this Agreement may be amended only by written instrument signed by both CITY and ENGINEER with the approval of City Council. ARTICLE 12 OTHER DUTIES AS SET FORTH IN CONSTRUcrION CONTRAcr DOCUMENTS 12.1 ENGINEER will have such other duties and responsibilities and limitations of authority as agreed to by ENGINEER in writing and as are set forth in the construction contract documents for the Project. However, in the event of conflict, dispute, or discrepancy between the provisions of this Agreement and the construction contract documents, the more restrictive and/or burdensome provisions will govern and control.