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<br />A campaign contribution, as defmed by the Texas <br />Election Code or the San Marcos City Code will not <br />be considered as a valuable gift for the purposes of <br />this Agreement. <br /> <br />(e) In performing the services required under this <br />Agreement, the Consultant will not discriminate <br />against any person on the basis of race, color, <br />religion, sex, national origin, age or disability. <br /> <br />(f) All references in this Agreement to any particular <br />gender are for convenience only and will be <br />construed and interpreted to be of the appropriate <br />gender. The term "will" is mandatory in this <br />Agreement. <br /> <br />(g) Should any provision in this Agreement be found <br />or deemed to be invalid, this Agreement will be <br />construed as not containing the provision, and all <br />other provisions which are otherwise lawful will <br />remain in full force and effect, and to this end the <br />provisions of this Agreement are declared to be <br />severable. <br /> <br />(h) All services provided pursuant to this Agreement <br />are for the exclusive use and benefit of the City. <br /> <br />(i) The City of San Marcos is governed by the Texas <br />Public Information Act ( the "Act"), Chapter 552 of <br />the Texas Government Code. This Agreement and <br />all written information generated under this <br />agreement may be subject to release under the Act. <br />The Consultant shall not make any reports, <br />information, data, etc. generated under this <br />Agreement available to any individual or <br />organization without the written approval of the City. <br />G) The City and the Consultant, respectively, bind <br />themselves, their partners, successors, assigns and <br />legal representatives to the other party to this <br />Agreement and to the partners, successors, assigns <br />and legal representatives of such other party with <br />respect to all covenants of this Agreement. The City <br />and the Consultant may not assign, sublet or transfer <br />any interest in this Agreement without the written <br />consent ofthe other. <br /> <br />Navigant letter agreement <br /> <br />(k) This Agreement represents the entire and <br />integrated Agreement between the City and the <br />Consultant and supersedes all prior negotiations, <br />representations or agreements either written or oral. <br /> <br />(I) The City may, from time to time, request changes <br />in the scope of services to be performed under the <br />Agreement, Each material change (deletion or <br />addition) in the services to be provided by Consultant <br />must be authorized by the City on the Authorization <br />of Change in Services form attached to this <br />Agreement. Compensation for additional services <br />will be in addition to that specified for Basic Services <br />in accordance with this Agreement. The approval of <br />the City's governing body is necessary for all <br />additional services the compensation for which <br />exceeds $25,000.00. Except as to a change in the <br />scope of services, the compensation for which does <br />not exceed $25,000.00, this Agreement may be <br />amended only by written instrument approved by the <br />City's governing body and signed by both the City <br />and the Consultant <br /> <br />(m) Any exhibits and/or attachments attached to this <br />Agreement are incorporated by reference into this <br />Agreement as though included verbatim herein. <br /> <br />(n) In the event of any conflict between these Tenus <br />and Conditions and the provisions of any exhibit or <br />attachment to this Agreement, these Tenus and <br />Conditions will govern and control. <br /> <br />7 <br />