Res 2007-163 - Laserfiche WebLink

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10.5 In perfonning the services required under this Agreement, the Engineer will not discrimmate against any person on the basis of race, color, religIOn, sex, national origm, age or disability or ancestry. The Engineer agrees not to engage in employment practices which have the purpose or effect of discriminatmg against employees or prospective employees because of race, color, sex, religion, national origin, age or dIsability or ancestry. A breach of this covenant may be regarded as a default of the Engmeer of the Agreement. I 10.6 All references m this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The tenn "will" is mandatory m this Agreement. 10.7 Should any proviSIOn in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 10.8 All servIces provided pursuant to thIS Agreement are for the exclusive use and benefit of the City. 10.9 In perfonning all servIces under this Agreement, the Engineer, its subcontractors, I successors and assigns will comply WIth all local, state and federal laws. 10.10 The City's execution and perfonnance under this Agreement wIll not act as a waiver by the City of any immunity from suit to whIch it is entitled under applicable law. The parties acknowledge that the CIty, in executing and perfonning this Agreement, is a governmental entity acting in a governmental capacity. 10.11 The City of San Marcos is govemed by the Texas Public Infonnation Act ( the "Act"), Chapter 552 of the Texas Govemment Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Engineer shall not make any reports, information, data, etc. generated under this Agreement aVailable to any individual or organization WIthout the written approval of the CIty. 10.12 The captions or headings included in thIS Agreement are for convemence only and in no way define, limit or describe the scope or intent of any provisions, articles, or sectIOns of this Agreement. 10.13 In the event that the performance by eIther the City or the Engmeer of any of its obligations under thIS Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such perfonnance for the period of time reasonably necessary to remedy the effects of such events. I CEC - Quail Run Waterline Agreement 14