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<br />Code will not be considered as a valuable gift for the purposes of this Agreement. <br /> <br />10.5 In performing the services required under this Agreement, the Vendor agrees not <br />to engage in employment practices which have the purpose or effect of discriminating <br />against employees or prospective employees because of race, color, sex, religion, age, <br />disability, national origin, or ancestry. The City may regard a breach of this provision as <br />a default by the Vendor of the Agreement. <br /> <br />10.6 All references in this Agreement to any particular gender are for convenience only <br />and 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 <br />this Agreement are declared to be severable. <br /> <br />10.8 All services provided pursuant to this Agreement are for the exclusive use and <br />benefit of the City. <br /> <br />10.9 In performing all services under this Agreement, the Vendor, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />10.10 It is expressly agreed that the Vendor is an independent contractor, and not an <br />employee, agent, partner or joint venturer with the City. The Vendor will not pledge or <br />attempt to pledge the credit of the City. <br /> <br />10.11 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 Vendor will <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 />ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and the Vendor, 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 the Vendor will not assign, sublet or transfer <br />any interest in this Agreement without the written consent of the other. <br /> <br />8 <br />