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<br />the City within the two years preceding the execution of this Agreement. A campaign <br />contribution, as defined by the Texas Election Code or the San Marcos City Code will not be <br />considered as a valuable gift for the purposes of this Agreement. <br /> <br />9.5 In performing the services required under this Agreement, the Consultant will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age or <br />disability. <br /> <br />9.6 All references in this Agreement to any particular gender are for convenience only and <br />will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory <br />in this Agreement. <br /> <br />9.7 Should any prOVISIOn in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing the 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 />9.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City. <br /> <br />9.9 In performing all services under this Agreement, the Consultant, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />9.10 Nothing in this Agreement is intended as a waiver by the City of any immunity from suit <br />to which it is entitled under Texas law. <br /> <br />9.11 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 <br />generated under this agreement may be subject to release under the Act. The Consultant shall <br />not make any reports, information, data, etc. generated under this Agreement available to any <br />individual or organization without the written approval of the City. <br /> <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br /> <br />10.1 The City and the Consultant, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all covenants of <br />this Agreement. The City and the Consultant will not assign, sublet or transfer any interest in <br />this Agreement without the written consent of the other. <br /> <br />Byrn-Rio Vista.wpd <br /> <br />7 <br />