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10.5 In performing the services required under this Agreement, the Engineer will not discriminate <br />against any person on the basis of race, color, religion, sex, national origin, age or disability. <br /> <br />10.6 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 /> <br />10.7 Should any provision in this Agreement be found or deemed to be invalid, this Agreement <br />will be construed as not containing the provision, and all other provisions which are otherwise <br />lawful will remain in full force and effect, and to this end the provisions of this Agreement are <br />declared to be severable. <br /> <br />10.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br />City. <br /> <br />10.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors <br />and assigns will comply with all local, state and federal laws. <br /> <br />10.10 Nothing in this Agreement is intended as awaiver by the City of any immunity from suit to <br />which it is entitled under Texas law. <br /> <br />10.11 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 generated <br />under this agreement may be subject to release under the Act. The Engineer shall not make any <br />reports, information, data, etc. generated under this Agreement available to any individual or <br />organization without the written approval of the City. <br /> <br /> ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns <br />and legal representatives to the other party to this Agreement and to the parmers, successors, assigns <br />and legal representatives of such other party with respect to all covenants of this Agreement. The <br />City and the Engineer will not assign, sublet or transfer any interest in this Agreement without the <br />written consent of the other. <br /> <br /> ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement represents the entire and integrated Agreement between the City and the <br />Engineer and supersedes all prior negotiations, representations or agreements either written or oral. <br />The Engineer's expenses for travel, office, production and other expenses associated directly or <br />indirectly with this Agreement are included as part of the total fee. Except as to a change in the <br /> <br />13 <br /> <br /> <br />