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the City within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election <br />Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. <br />(e) In performing the services required under this Agreement, the Contractor will not discriminate against any person on the <br />basis of race, color, religion, sex, national origin, age or disability. <br />(0 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted <br />to be of the appropriate gender. The tern "will" is mandatory in this Agreement. <br />(g) Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not <br />containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the <br />provisions of this Agreement are declared to be severable. <br />(h) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. <br />(i) The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas <br />Government Code. This Agreement and all written information generated under this agreement may be subject to release under the <br />Act. The Contractor shall not make any reports, information, data, etc. generated under this Agreement available to any individual <br />or organization without the written approval of the City. <br />0) The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to <br />the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect <br />to all covenants of this Agreement. The City and the Contractor may not assign, sublet or transfer any interest in this Agreement <br />without the written consent of the other. <br />(k) This Agreement represents the entire and integrated Agreement between the City and the Contractor and supersedes all <br />prior negotiations, representations or agreements either written or oral. <br />(1) The City may, from time to time, request changes in the scope of services to be performed under the Agreement, Each <br />material change (deletion or addition) in the services to be provided by Contractor must be authorized by the City on the <br />Authorization of Change in Services form attached to the Agreement. Compensation for additional services will be in addition to <br />that specified for Basic Services in accordance with this Agreement. The approval of the City's governing body is necessary for all <br />additional services the compensation for which exceeds $25,000.00. Except as to a change in the scope of services, the compensation <br />for which does not exceed $25,000.00, this Agreement may be amended only by written instrument approved by the City's governing <br />body and signed by both the City and the Contractor. <br />(m) Any exhibits and /or attachments attached to this Agreement are incorporated by reference into this Agreement as though <br />included verbatim herein. <br />(n) In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or attachment to this <br />Agreement, the terms of the Agreement will govern and control. <br />