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deemed to have accrued when the parry commencing the cause of action knew or should have <br />known of the existence of the subject act or failure to act. <br />21. Nondiscrimination. In performing the services required under this Agreement, <br />RUSHWORKS will not discriminate against any person on the basis of race, color, religion, sex, <br />national origin, age, disability or ancestry. RUSHWORKS agrees not to engage in employment <br />practices which have the purpose or effect of discriminating against employees because of race, <br />color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be <br />regarded as a default of RUS1 WORKS of the Agreement. <br />22. No Rights in Third Parties. All services provided pursuant to this Agreement are for the <br />exclusive use and benefit of the CITY and the Agreement will not give rise to any rights in third <br />parties. <br />23. Public Information Act. The CITY is governed by the Texas Public Information Act (the <br />"Act "), 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. RUSHWORKS will not <br />make any reports, information, data, etc. generated under the Agreement available to any <br />individual or organization without the written approval of the CITY. <br />24. Force Maieure. In the event that the performance by either the CITY or RUSHWORKS of <br />any of its obligations under the Agreement is interrupted or delayed by events outside of their <br />control such as acts of God, war, riot or civil commotion, then the party is excused from such <br />performance for the period of time reasonably necessary to remedy the effects of such events. <br />25. Non - Smoking. RUSHWORK's attention is called to the fact that pursuant to San Marcos <br />Ordinance No. 2013 -57, as amended, all CITY of San Marcos owned and rented/leased properties <br />are smoke free properties. All contractors, their subconsultants and employees are prohibited from <br />smoking while on CITY property. This prohibition includes the enclosed areas of public places <br />and workplaces and within 10 feet of doors and windows of CITY -owned or rented buildings, all <br />CITY parks and the grounds outside of any CITY building. This prohibition includes e- cigarettes <br />and other inhaled vapor devices. The CITY may terminate this Agreement for noncompliance <br />with this ordinance. <br />26. Auto. The officers executing this Agreement on behalf of the parties hereby represent <br />that such officers have full authority to execute this Agreement and to bind the party he /she <br />represents. <br />OEM <br />10 <br />RUSHWORKS / City of San Marcos Systems Upgrade, Installation and Integration Agreement <br />