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8.5 In performing the services required under this Agreement, the Contractor will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, ancestry, <br />age or disability. The City will regard a breach of this covenant as a default by the Contractor of this <br />Agreement. <br /> <br />8.6 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 />8.7 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 />8.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br />City and the Agreement will not give rise to any rights in third parties. <br /> <br />8.9 In performing all services under this Agreement, the Contractor, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws pertaining to this <br />Agreement. <br /> <br />8.10 Nothing in this Agreement is intended as a waiver by the City of any immunity from suit to <br />which it is entitled under Texas law. <br /> <br />8.11 The City of San Marcos is govemed 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 ti'tis agreement may be subject to release under the Act. The Contractor 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 9 <br />SUCCESSORS AND ASSIGNS <br /> <br />9.1 The City and the Contractor, respectively, bind themselves, their panners, successors, assigns <br />and legal representatives to the other party to this Agreement and to the partners, successors, assigns <br />and legal representatives of such other party with respect to all covenants of this Agreement. The <br />City and the Contractor will not assign, sublet or transfer any interest in this Agreement without the <br />written consent of the other. <br /> <br /> ARTICLE 10 <br />EXTENT OF AGREEMENT <br /> <br />10.1 This Agreement, including all appendices, and referenced attachments or exhibits constitutes <br /> <br /> <br />