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VII. NON-DISCRIMINATION <br /> The Recipient assures that no person shall be excluded from, be denied the benefits of, or be subject to <br /> discrimination under any program or activity funded in whole or in part under this Agreement on the basis <br /> of race, color,religion, sex,national origin, age, disability, or other classification subject to protection <br /> under applicable laws and ordinances. The Recipient will not discriminate against any employee or <br /> applicant on the basis of race, color,religion, sex, sexual orientation, gender identity,national origin, age, <br /> disability, or other classification subject to protection under applicable laws and ordinances. The <br /> Recipient will take affirmative action to ensure that applicants are employed and that employees are <br /> treated during employment without regard to their race, color,religion, sex, sexual orientation, gender <br /> identity, national origin, age, disability or other classification subject to protection under applicable laws <br /> and ordinances. <br /> VIII. DEFAULT AND TERMINATION <br /> Upon providing at least 30 days written notice to the Recipient,the City may terminate this Agreement <br /> for failure of the Recipient to perform its obligations hereunder and may pursue any remedies for breach <br /> of contract available at law or in equity, including recovery of reasonable court costs and attorney fees. <br /> IX. MISCELLANEOUS <br /> Entire Agreement.This Agreement represents the entire and integrated agreement between the City and <br /> the Recipient and supersedes all prior negotiations,representations or arguments either written or oral. <br /> Lawful Authority. The execution and performance of this Agreement by the City and the Recipient have <br /> been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement <br /> constitutes the valid and enforceable obligations of City and the Recipient in accordance with its terns. <br /> Amendments.No amendment,modification or alteration of the terms hereof shall be binding unless the <br /> same shall be in writing and dated subsequent to the date hereof and approved by San Marcos City <br /> Council. <br /> Conflict of Interest. The Recipient affirms that it has not made or agreed to make any valuable gift, <br /> whether in the form of service, loan,thing or promise to any person or their immediate family,having the <br /> duty to recommend,the right to vote upon, or any other direct influence on the selection of the Recipient <br /> for receipt of the funds provided by the City under this Agreement. <br /> Severability. Should any provision in this Agreement be found or deemed to be invalid,this Agreement <br /> will be construed as not containing such 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 to be <br /> severable. <br /> Venue. Venue for any disputes arising under this Agreement shall be in the court having appropriate <br /> jurisdiction in Hays County,Texas, or, if in federal court,the United States District Court for the Western <br /> District of Texas,Austin Division. <br /> No Waiver.No waiver by the City of any breach of any provision of this Agreement shall be deemed to <br /> be a waiver of any preceding or succeeding breach of the same or any other provision hereof. <br />