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<br />10.5 In performing the services required under this Agreement, Norwest will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age <br />or 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 "will" is <br />mandatory 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 <br />are 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 <br />of the City. This Agreement does not create any rights in third parties. <br /> <br />10.9 In performing all services under this Agreement, Norwest, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />10.10 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. Norwest shall <br />not make any reports, information, data, etc. generated under this Agreement available to <br />any individual or organization without the written approval of the City. <br /> <br />10.11 The captions or headings in this Agreement are for convenience only and in no way <br />define, limit, or describe the scope or intent of any provisions, articles, or sections of this <br />Agreement <br /> <br />ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and Norwest, 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 <br />covenants of this Agreement. The City and Norwest will not assign, sublet or transfer any <br />interest in this Agreement without the written consent of the other. <br /> <br />11.2 Notwithstanding any other provision of this Agreement which may be to the contrary, <br />the Agreement and the respective rights and obligations of the parties under it shall remain <br />in full force and effect and not otherwise be affected by the merger of the Depository with <br />any other firm or corporation, or by the acquisition of the Depository by any other firm or <br />corporation. Norwest will notify the City in writing of any change in its partnership and/or <br />ownership within 30 days after such change. <br /> <br />15 <br />