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and will be subject to each provision of the Agreement. The Consultant will notify the City, in writing, of <br />any change in its partnership /ownership within 30 calendar days of such change. <br />(1) The Consultant, will complete the work in accordance with the schedule negotiated with the City and <br />the Consultant, has taken into consideration and made allowance for all hindrances and delays incident to <br />such work, whether growing out of delays in securing material, workers, weather or otherwise. No charge <br />will be made by the Consultant for any hindrance or delay from any cause whatever during the progress <br />of any portion of its work contemplated by the specifications, but the City may grant an extension of time <br />for the completion of the work, provided it has satisfied that such delays or hindrances were due to <br />extraordinary causes or to the acts of omission or commission by the City. It is agreed that the granting of <br />such extensions of time will in no instance exceed the time actually lost by Consultant for reason of such <br />causes, provided that the Consultant will give the City immediate notice in writing of the cause of the <br />detention or delay. Any such extension of time will be provided utilizing the City's Authorization of <br />Change in Services form included as Attachment C. <br />(m) The Agreement including any appendices and referenced attachments or exhibits represents the <br />entire and integrated Agreement between the City and the Consultant and supersedes all prior <br />negotiations, representations or agreements either written or oral. In the event of a dispute between the <br />parties regarding the intent of the Agreement, both parties agree that the Agreement will be construed in a <br />manner consistent with the City's Request for Proposals, the Consultant's Proposal Response, and the <br />public record of the City Council's approval of the Agreement as applicable. The Agreement may be <br />amended only by written instrument, which must be signed by both the City and the Consultant. The San <br />Marcos City Council must approve any such authorization of change in services or amendment if it results <br />in a change, the compensation for which exceeds $50,000.00. <br />(n) Any exhibits and /or attachments attached to the Agreement are incorporated by reference into the <br />Agreement as though included verbatim herein. In the event of any conflict between these Terms and <br />Conditions and the provisions of any exhibit or attachment to the Agreement, these Terms and Conditions <br />will govern and control. <br />CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666.512.393.8150 • FACSIMILE 512.393.3983 <br />SANMARCOSTX.GOV <br />19 <br />