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h) AWP hereby affirms that neither AWP, AWP's firm nor any of its associates or employees <br />have made or agreed to make any valuable gift whether in the form of service, loan, thing, or <br />promise to any person or any of his /her immediate family, having the duty to recommend, the <br />right to vote upon, or any other direct influence on the selection of consultants to provide <br />professional services to the CITY within the two years preceding the execution of this <br />AGREEMENT. A campaign contribution, as defined by the Texas Election Code or the San <br />Marcos City Code. will not be considered as a valuable gift for the purposes of the <br />AGREEMENT. AWP further agrees that none of its paid personnel will be employees of the <br />CITY or have any contractual relationship with the CITY. All activities, investigations, and <br />other efforts made by AWP pursuant to the AGREEMENT will be conducted by employees, <br />associates, or independent contractors of the AWP. <br />i) In performing the services required under the AGREEMENT, AWP will not discriminate <br />against any person on the basis of race, color, religion, sex, national origin, age, disability or <br />ancestry. AWP agrees not to engage in employment practices which have the purpose or effect <br />of discriminating against employees because of race, color, sex, religion, national origin, age, <br />disability or ancestry. A breach of this covenant may be regarded as a default of AWP of the <br />AGREEMENT. <br />j) All references in the 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 the AGREEMENT. <br />k) Should any provision in the AGREEMENT be found or deemed to be invalid, the <br />AGREEMENT will be construed as not containing the provision and all other provisions which <br />are otherwise lawful will remain in full force and effect, and to this end the provisions of the <br />AGREEMENT are declared to be severable. Paragraph and Section headings included in the <br />AGREEMENT are for convenience only and are not intended to define or limit the scope of any <br />provisions of the AGREEMENT. <br />1) All services provided pursuant to the AGREEMENT are for the exclusive use and benefit of <br />the CITY and the AGREEMENT will not give rise to any rights in third parties. <br />m) In the event that the performance by either the CITY or AWP of any of its obligations under <br />the AGREEMENT is interrupted or delayed by events outside of their control such as acts of <br />God, war, riot or civil commotion, then the party is excused from such performance for the <br />period of time reasonably necessary to remedy the effects of such events. <br />n) The CITY and AWP, respectively, bind themselves, their partners, successors, assigns and <br />legal representatives to the other party to the AGREEMENT and to the partners, successors, <br />assigns and legal representatives of such other party with respect to all covenants of the <br />AGREEMENT. The CITY and AWP may not assign, sublet or transfer any of their rights or <br />delegate or subcontract any of their duties under or interest in the AGREEMENT in whole or in <br />part, without the written consent of the other. Any work or services subcontracted under the <br />AGREEMENT will be specified by separate written AGREEMENT and will be subject to each <br />AWP Initials: CITY Initials. <br />S( <br />