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<br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />10.4 The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />any of his/her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of consultants to provide professional services to the City <br />within the two years preceding the execution of this Agreement. A campaign contribution, as <br />defined by the Texas Election Code or the San Marcos City Code will not be considered as a <br />valuable gift for the purposes ofthis Agreement. <br /> <br />10.5 In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age or <br />disability. <br /> <br />10.6 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 "win" is mandatory <br />in this Agreement. <br /> <br />10.7 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 />10.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City. <br /> <br />10.9 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />10.10 The City's execution and performance under this Agreement will not act as a waiver by <br />the City of any immunity from suit to 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 <br />generated under this agreement may be subject to release under the Act. The Engineer shall not <br />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 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and the Engineer, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />Carter & Burqess û4.wpd <br /> <br />8 <br />