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E. In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br />disability or ancestry. The Engineer agrees not to engage in employment practices, which have <br />the purpose or effect of discriminating against employees or prospective employees because of <br />race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by <br />the Engineer may be regarded as a default of the Agreement. <br />F All references in this Agreement to any particular gender are for convenience only and <br />will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory <br />in this Agreement. <br />G. Should any provision in this Agreement be found or deemed invalid, this Agreement will <br />be construed as not containing the provision and all other provisions, which are otherwise lawful, <br />will remain in full force and effect, and to this end, the provisions of this Agreement are declared <br />severable. <br />H. All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City and this Agreement does not create rights in third parties. <br />I. In performing all services under this Agreement, the Engineer, its agents, employees, <br />subcontractors, successors and assigns will comply with all local, state and federal laws. the <br />charter and ordinances of the City of San Marcos and with all applicable rules and regulations <br />promulgated by local, state, and federal boards, bureaus, and agencies. It is the Engineer's <br />responsibility to obtain all necessary permits and licenses required to provide services required <br />by this Agreement. <br />J. The City's execution of and performance under this Agreement will not act as a waiver <br />by the City of any immunity from suit or liability to which it is entitled under applicable law. <br />The parties acknowledge that the City, in executing and performing this Agreement, is <br />governmental entity acting in a governmental capacity. <br />K. The City of San Marcos is governed by the Texas Public Information Act (the "Act "), <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 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 />8 <br />