Res 2015-135/approving an agreement between the City and Wells Fargo Bank, N.A. for the provision of Depository Services contingent upon the depository’s provision of sufficient insurance in accordance with the attached agreement

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disability or ancestry. 'I "he Depository agrees not to engage in employment practices, which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of this Agreeement by the Depository. 9.7 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. 9.8 Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision, Lind all other provisions, which are otherwise lawful, will remain in full l:orce and effect, and to this end, the provisions of this Agreement are declared severable. Paragraph and Section headings included in the Agreement are for convenience only and are not intended to define or limit the scope of any provisions of the Agreement. 9.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and this Agreement does not create rights in third parties. 9.10 In performing all services under this Agreement, the City, the Depository, its subcontractors, successors and assigns will comply with all applicable local. State and Federal laws. 9.11 The City's execution of rind 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 Texas law. 'The parties acknowleclge that the City, in executing and performing this Agreement, is a 0overnmental entity acting in a governmental capacity. 9.12 Each party will have the right to declare the other party in breach of the Agreement for cause when such party determines that the other party has not performed this Agreement in accordance with its written terms and conditions. 9.13 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 reports and data generated under this agreement may be subject to release under the Act. Except as required by applicable law or legal process or upon the request of a governmental regulator having jurisdiction over the Depository, the Depository will not make any reports or data, etc. generated Linder this Agreement available to anv individual or organization without the written approval of the City. 9.14 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. 9.15 In the event that the performance by either the City or the Depository of Lmy of its obligations Linder this Agreement is interrupted or delayed by events outside of their control such 8