Res 2015-013/Amendment to and renewal for an additional five years of an Agreement for Airport Management Services with Texas Aviation Partners, L.L.C.;

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by the Texas Election Code or the San Marcos City Code is not considered a valuable gift for the purposes of this Agreement. 11.0.5 In performing all services required under this Agreement, the Operator will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry or in any way be subjected to discrimination in the use of Airport facilities. The Operator will furnish services on a fair, equal and non - discriminatory basis to all Airport users. A breach of this covenant by the Operator will be regarded as a default of the Agreement. 11.0.6 The Operator agrees not to engage in employment practices which have the purpose or effect of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by the Operator will be regarded as a default of the Agreement. 11.0.7 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 11.0.8 Should any provision in this Agreement be found or deemed invalid, the balance of the Agreement shall remain in full force and effect and if legally possible the parties will attempt to reform the invalid provision to best reflect the original intent of the parties. 11.0.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. 11.0.10 In performing all services under this Agreement, the Operator, its subcontractors, successors and assigns will comply with all local, state and federal laws. 11.0.11 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 11.0.12 The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Operator will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. 11.0.13 The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement.