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Res 2013-124/Approving an agreement between the City and Espey Consultants, Inc. in connection with the Comprehensive Watershed Master Plan
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Res 2013-124/Approving an agreement between the City and Espey Consultants, Inc. in connection with the Comprehensive Watershed Master Plan
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9/12/2013 4:30:07 PM
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8/28/2013 11:33:33 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-124
Date
8/20/2013
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generated under this agreement may be subject to release under the Act. The Engineer will not <br />make any reports, information, data, etc. generated under this Agreement available to any <br />individual or organization without the written approval of the City. Upon receipt of a request for <br />information under the Act, the City will immediately notify the Engineer of the request, and it <br />will be the responsibility of the Engineer to object, within ten days of the City's receipt of the <br />request, to the Texas Attorney General by way of a written request. If the Engineer fails to <br />submit a letter to the Attorney General within ten days of the City's receipt of a request for <br />information, the City shall release the information in accordance with the Act. <br />L. The captions or headings included in this Agreement are for convenience only and in no <br />way define, limit or describe the scope or intent of any provisions, articles, or sections of this <br />Agreement. <br />M. In the event that the performance by either the City or the Engineer of any of its <br />obligations under this Agreement is interrupted or delayed by events outside of their control such <br />as acts of God, war, riot or civil commotion, then the party is excused from such performance for <br />the period of time reasonably necessary to remedy the effects of such events. <br />N. In the event of a default or breach of this Agreement by the Engineer, the City reserves <br />the right to choose among the remedies for the default or breach available to the City. These <br />remedies may be used in conjunction with one another or separately, and together with any other <br />statutory or common law remedies available to the City. Any failure by the City to enforce this <br />Agreement with respect to one or more defaults by the Engineer will not waive the City's ability <br />to enforce the Agreement after that time. <br />O. No waiver by either party hereto of any term or condition of this Contract will be deemed <br />or construed to be a waiver of any other term or condition or subsequent waiver of the same term <br />or condition. <br />P. If applicable, the Engineer will pay all license fees, royalties and other costs incident to <br />the use of any invention, design, process, product or device subject to a patent right or copyright <br />held by others in performing the work or in the completed Project. <br />Q. It is <br />encourages <br />encouraged <br />appropriate. <br />the City's intent to be proactive with <br />"value purchasing" of environmentally <br />to utilize green solutions in performing <br />regard to the environment. The City <br />friendly products. The Engineer is <br />any services under the Agreement, as <br />
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