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<br />D. MISCELLANEOUS <br /> <br />1. Neither party may assign any of its rights, or delegate or subcontract any of its duties under <br />this Agreement, in whole or in part, without the prior written consent ofthe other party. <br /> <br />2. The City and you both acknowledge that that you will perform all services under this <br />agreement as an independent contractor and not an employee of the City. <br /> <br />3. You agree to maintain motor vehicle liability insurance meeting state requirements in full <br />force and effect throughout the term of this agreement. You agree to hold harmless, indemnify <br />and defend the City and its officers, agents and employees from and against claims arising out of <br />your performance of services under this agreement. <br /> <br />4. This agreement, including appendices and referenced attachments, constitutes the entire <br />Agreement between the City and you on this subject and supersedes all other proposals, <br />presentations, representations, and communications, whether oral or written, between the parties. <br /> <br />5. This agreement shall be governed by the laws of the State of Texas. Exclusive venue for any <br />legal dispute arising under this agreement shall be in Hays County, Texas. <br /> <br />6. The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the <br />Texas Government Code. This agreement and all written information generated under this <br />agreement may be subject to release under this law. The Consultant shall not make any reports, <br />information, data, etc. generated under this agreement available to any individual or organization <br />without the written approval of the City. <br /> <br />Please countersign both originals of this agreement, keeping one for your file and returning the <br />other to the City Clerk, Janis Womack. <br /> <br />City of San Marcos, Texas <br /> <br /> <br />c /Ii 141 <br />{/~~A~~ /K/ _ --?e~!q!;. _\ <br />Larry D(Gilley, Ci~~f\>1,anager <br /> <br />Agreed to and accepted: <br /> <br />Tracy Dubcak <br /> <br />Date <br /> <br />3 <br />