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<br />consultants to provide professional services to the City within the two years preceding <br />the execution of this Agreement. A campaign contribution, as defined by the Texas <br />Election Code or the San Marcos City Code will not be considered as a valuable gift for <br />the purposes of this Agreement. <br /> <br />8.6 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, <br />age or disability. The Consultant will not engage in employment practices which have <br />the effect of discriminating against employees or prospective employees because of <br />race, color, religion, sex, national origin, age and will submit reports to the City as it may <br />require to assure compliance. <br /> <br />8.7 The Consultant will comply with all applicable requirements of the Americans <br />with Disabilities Act of 1990,42 U.S.C. Sections 12101-12213. <br /> <br />8.8 All references in this Agreement to any particular gender are for convenience <br />only and will be construed and interpreted to be of the appropriate gender. The term <br />"will" is mandatory in this Agreement. <br /> <br />8.9 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 <br />which are otherwise lawful will remain in full force and effect, and to this end the <br />provisions of this Agreement are declared to be severable. <br /> <br />8.10 All services provided pursuant to this Agreement are for the exclusive use and <br />benefit of the City. <br /> <br />8.11 In performing all services under this Agreement, the Consultant, its <br />subcontractors, successors and assigns will comply with all local, state and federal <br />laws. <br /> <br />8.12 The City of San Marcos is governed by the Texas Public Information Act (the <br />"Act"), Chapter 552 of the Texas Government Code. This Agreement and all written <br />information generated under this agreement may be subject to release under the Act. <br />The Consultant shall not make any reports, information, data, etc. generated under this <br />Agreement available to any individual or organization without the written approval of the <br />City. <br /> <br />ARTICLE 9 <br />SUCCESSORS AND ASSIGNS <br /> <br />9.1 The City and the Consultant, respectively, bind themselves, their partners, <br />successors, assigns and legal representatives to the other party to this Agreement and <br />to the partners, successors, assigns and legal representatives of such other party with <br />respect to all covenants of this Agreement. The City and the Consultant will not assign, <br />sublet or transfer any interest in this Agreement without the written consent of the other. <br /> <br />10 <br />