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<br /> 9. Records and Inspections. The Consultant shall maintain full and accurate <br /> records with respect to all matters covered under this agreement. The City shall have free access at all <br /> proper times to such records, and the right to examine and audit the same and to make transcripts <br /> therefrom, and to inspect all program data, documents, proceedings, and activities. <br /> 10. Accomplishment or 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 <br /> Consultant shall take such steps as are appropriate to insure that the work involved is properly <br /> coordinated with related work being carried on in the City. <br /> 11. Provisions Concernin¡: Certain Waivers. Subject to applicable law, any right <br /> or remedy which the City may have under this contract may be waived in writing by the City by a <br /> formal waiver, if, in the judgment of the City, this contract, as so modified, will still conform to the <br /> terms and requirements of pertinent laws. <br /> 12. Matters to be Disre¡: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 <br /> disregarded in construing or interpreting any of the provisions of this contract. <br /> 13. Completeness or 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 <br /> matter of this contract or any part hereof shall have any validity or bind any of the parties hereto. <br /> 14. City Not Obli¡:ated to Third Parties. The City shall not be obligated or liable <br /> hereunder to any party other than the Consultant. <br /> 15. When Riehts and Remedies Not Waived. In no event shall the making by the <br /> City of any payment to the Consultant constitute or be construed as a waiver by the City of any breach <br /> of 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 <br /> right 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 own <br /> expense, all personnel required in performing the services under this agreement. Such personnel shall <br /> not be employees of or have any contractual relationship with the City. All of the services required <br /> hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in <br /> the work shall be fully qualified to perform such services. <br /> 17. Consultant Liability if Audited. The Consultant will assume all financial and <br /> statistical information provided to the Consultant by the City employees or representatives is accurate <br /> and complete. Any subsequent disallowance of funds paid to the City under the plan is the sale <br /> responsibility of the City. Consultant will, however, provide assistance to the City should an audit be <br /> undertaken of City indirect costs. <br /> 18. Notices. Any notices, bills, invoices, or reports by this agreement shall be <br /> sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted <br /> below. <br /> City of San Marcos David M. Griffith & Associates, Ltd <br /> 630 E. Hopkins 8100 Springwood Drive, Suite 200 <br /> San Marcos, Texas 78666 Irving, Texas 75063 <br />