Laserfiche WebLink
for the purposes of this Agreement. <br />E. In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br />disability or ancestry. The Engineer agrees not to engage in employment practices, which have <br />the purpose or effect of discriminating against employees or prospective employees because of <br />race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by <br />the Engineer may be regarded as a default of the Agreement. <br />F All references in this Agreement to any particular gender are for convenience only and will <br />be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br />G. Should any provision in this Agreement be found or deemed invalid, this Agreement will <br />be construed as not containing the provision and all other provisions, which are otherwise lawful, <br />will remain in full force and effect, and to this end, the provisions of this Agreement are declared <br />severable. <br />H. All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City and this Agreement does not create rights in third parties. <br />I. In performing all services under this Agreement, the Engineer, its agents, employees, <br />subcontractors, successors and assigns will comply with all local, state and federal laws. the charter <br />and ordinances of the City of San Marcos and with all applicable rules and regulations promulgated <br />by local, state, and federal boards, bureaus, and agencies. It is the Engineer's responsibility to <br />obtain all necessary permits and licenses required to provide services required by this Agreement. <br />J. The City's execution of and performance under this Agreement will not act as a waiver by <br />the City of any immunity from suit or liability to which it is entitled under applicable law. The <br />parties acknowledge that the City, in executing and performing this Agreement, is governmental <br />entity acting in a governmental capacity. <br />K. The City of San Marcos is governed by the Texas Public Information Act (the "Act "), <br />Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this agreement may be subject to release under the Act. The Engineer will not <br />make any reports, information, data, etc. generated under this Agreement available to any <br />individual or organization without the written approval of the City. Upon receipt of a request for <br />information under the Act, the City will immediately notify the Engineer of the request, and it will <br />be the responsibility of the Engineer to object, within ten days of the City's receipt of the request, <br />to the Texas Attorney General by way of a written request. If the Engineer fails to submit a letter <br />to the Attorney General within ten days of the City's receipt of a request for information, the City <br />shall release the information in accordance with the Act. <br />L. The captions or headings included in this Agreement are for convenience only and in no <br />