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<br />to participate in a decision-making process or gain inside information with regard to such <br />activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have <br />a financial interest in any contract, subcontract, or agreement with respect to a CDBG- <br />assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for <br />themselves or those with whom they have business or immediate family ties, during their <br />tenure or for one year thereafter. <br /> <br />5.7 Construction. The captions and headings contained in this Agreement are solely <br />for convenient reference and will not be deemed to affect the meaning or interpretation of <br />any provision or paragraph hereof. All references in this Agreement to any particular <br />gender are for convenience only and will be construed and interpreted to be of the <br />appropriate gender. For the purposes of this Agreement the term "will" is mandatory. <br />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 <br />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 /> <br />5.8 Conflict with Applicable Law. Nothing in this Agreement shall be construed so as <br />to require the commission of any act contrary to law, ordinance or administrative executive <br />or judicial regulation, order or decree, or amendment thereof, contrary to which the parties <br />have not legal right to contract, the latter shall prevail, but in such event the affected <br />provision or provisions of this Agreement shall be modified only to the extent necessary to <br />bring them within the legal requirements and only during the time such conflict exists. <br /> <br />5.9 No Waiver. No waiver by City of any breach of any provision of this Agreement shall <br />be deemed to be a waiver of any preceding or succeeding breach of the same or any other <br />provision hereof. <br /> <br />5.10 Public Information Act. The City of San Marcos is governed by the Texas Public <br />Information Act, Chapter 552 of the Texas Government Code. This Agreement and all <br />written information generated under this Agreement may be subject to release under this <br />Act. <br /> <br />5.11 Monitorinq Visits. Subrecipient agrees to allow the City to conduct on-site <br />monitoring visits to assure compliance with applicable Federal requirements and that <br />performance goals are being achieved as per C.F.R. 24 Part 85.40(a). <br /> <br />5.12 Sectarian Activity. Subrecipient and City both agree that none of the funds <br />expended or activities undertaken shall be used in support of any sectarian or religious <br />activity, nor should any building or structure funded under this program be used for <br />sectarian or religious activities. <br /> <br />5.13 Additional Documents. The Subrecipient and the City covenant and agree that they <br />will execute such other and further instruments and documents as are or may become <br /> <br />6 <br />