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<br />agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any <br />person or any of his /her immediate family, having the duty to recommend, the right to vote upon, or <br />any 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 Election Code or the City of San Marcos Code of Ordinances will not be considered <br />as a valuable gift for the purposes of this Agreement. <br /> <br />9.8 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 />9.9 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 />9.10 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 />9.11 All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br />City. <br /> <br />9.12 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 />9.13 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 not <br />make any reports, information, data, etc. generated under this Agreement available to any individual <br />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 this <br />Agreement. The City and the Consultant will not assign, sublet or transfer any interest in this <br />Agreement without the written consent of the other. <br /> <br />14 <br /> <br />NEIGHB0R2002 <br />