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<br /> II '51- <br /> 9.11 The City of San Marcos is governed by the Texas Open Records Act ("ORA"), <br /> Chapter 552 of the Texas Government Code. This Agreement and all written information <br /> generated under this agreement may be subject to release under the ORA. ENGINEER <br /> shall not make any reports, information, data, etc. generated under this Agreement <br /> available to any individual or organization without the written approval of the CITY. <br /> ARTICLE 10 <br /> SUCCESSORS AND ASSIGNS <br /> 10.1 The CITY and the ENGINEER, respectively, bind themselves, their partners, <br /> successors, assigns and legal representatives to the other party to this Agreement and to <br /> the partners, successors, assigns and legal representatives of such other party with <br /> respect to all covenants of this Agreement. Neither the CITY nor the ENGINEER will <br /> assign, sublet or transfer any interest in this Agreement without the written consent of the <br /> other. <br /> ARTICLE 11 <br /> EXTENT OF AGREEMENT <br /> 11.1 This Agreement represents the entire and integrated Agreement between the CITY <br /> and the ENGINEER and supersedes all prior negotiations, representations or agreements <br /> either written or oral. Except as to additional services, the compensâtion for which does <br /> not exceed $15,000, this Agreement may be amended only by written instrument approved <br /> by the CITY's governing body and signed by both the CITY and ENGINEER. <br /> ARTICLE 12 <br /> OTHER DUTIES AS SET FORTH IN CONSTRUCTION DOCUMENTS <br /> 12.1 ENGINEER will have such other duties and responsibilities and limitations of <br /> authority as agreed to by ENGINEER in writing and as are set forth in the construction <br /> contract documents for the Project. However, in the event of conflict, dispute, or <br /> discrepancy between the provisions of this Agreement and the construction contract <br /> documents, the more restrictive and/or burdensome provisions will govern and control. <br /> ARTICLE 13 <br /> BASIS OF COMPENSATION <br /> The CITY will compensate the ENGINEER, in accordance with Article 5, Payments <br /> to the ENGINEER, and the other terms and conditions of this Agreement, as follows: <br /> 13.1 BASIC COMPENSATION <br /> 13.1.1 The total basic fee paid to ENGINEER for Basic Services, as described in Sections <br /> 1.1 through 1.4 is a fixed fee amount of $16,800.00. This compensation is divided among <br /> the Basic Services phases as follows: <br />