|
VIL NON-DISCRIMINATION
<br /> The Recipient assures that no person shall be excluded from, be denied the benefits of, or
<br /> be subject to discrimination under any program or activity funded in whole or in part under this
<br /> Agreement on the basis of race, color, religion, sex, national origin, age, disability, or other
<br /> classification subject to protection under applicable laws and ordinances. The Recipient will not
<br /> discriminate against any employee or applicant on the basis of race, color, religion, sex, sexual
<br /> orientation, gender identity, national origin, age, disability, or other classification subject to
<br /> protection under applicable laws and ordinances. The Recipient will take affirmative action to
<br /> ensure that applicants are employed and that employees are treated during employment without
<br /> regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age,
<br /> disability or other classification subject to protection under applicable laws and ordinances.
<br /> II. DEFAULT AND TERMINATION
<br /> Upon providing at least 30 days written notice to the Recipient, the City may terminate this
<br /> Agreement for failure of the Recipient to perform its obligations hereunder and may pursue any
<br /> remedies for breach of contract available at law or in equity, including recovery of reasonable court
<br /> costs and attorney fees.
<br /> IX.MISCELLANEOUS
<br /> 9.1 Entire Agreement: This Agreement represents the entire and integrated agreement
<br /> between the City and the Recipient and supersedes all prior negotiations, representations or
<br /> arguments either written or oral.
<br /> 9.2 Lawful Authority. The execution and performance of this Agreement by the City and
<br /> the Recipient have been duly authorized by all necessary laws,resolutions or corporate action,and
<br /> this Agreement constitutes the valid and enforceable obligations of City and the Recipient in
<br /> accordance with its terms.
<br /> 9.3 Amendments. No amendment, modification or alteration of the terms hereof shall be
<br /> binding unless the same shall be in writing and dated subsequent to the date hereof and approved by San
<br /> Marcos City Council.
<br /> 9.4 Conflict of Interest. The Recipient affirms that it has not made or agreed to make any
<br /> valuable gift, whether in the form of service, loan, thing or promise to any person or their immediate
<br /> family, having the duty to recommend, the right to vote upon, or any other direct influence on the
<br /> selection of the Recipient for receipt of the funds provided by the City under this Agreement.
<br /> 9.5 Severability. Should any provision in this Agreement be found or deemed to be invalid,
<br /> this Agreement will be construed as not containing such provision, and all other provisions which
<br /> are otherwise lawful will remain in full force and effect, and to this end the provisions of this
<br /> Agreement are declared to be severable.
<br /> 9.6 Venue. Venue for any disputes arising under this Agreement shall be in the court having
<br /> appropriate jurisdiction in Hays County, Texas, or, if in federal court,the United States District Court
<br /> for the Western District of Texas, Austin Division.
<br /> 9.7 No Waiver. No waiver by the City of any breach of any provision of this Agreement
<br /> shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other
<br /> provision hereof.
<br /> Cuauhtemoc Hall, San Marcos,Texas Page 2 of3
<br />
|