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<br />I <br /> <br />I <br /> <br />I <br /> <br />valuable gift for the purposes of thIS Agreement. <br /> <br />10.5 In performIng the services required under thIs Agreement, the Engmeer wIll not <br />discriminate against any person on the basis of race, color, religion, sex, national origm, age or <br />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 mandator) <br />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 are <br />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 of <br />the City. <br /> <br />10.9 In performIng all services under this Agreement, the Engineer, ItS subcontractors, <br />successors and assigns will comply with all local, state and federal laws <br /> <br />10.10 The City's execution and performance under thIS Agreement wJlI not act as a \\al\'Cr by <br />the CIty of any immunity from suit to whIch It is entitled under Texas law. <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 EngIneer shall not <br />make any reports, Information, data, etc. generated under this Agreement available to any <br />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 Engineer, respectIvely, bmd 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 <br />this Agreement. The City and the Engineer will not assign, sublet or transfer any mterest III thIS <br />Agreement without the written consent of the other <br /> <br />ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement represents the entire and integrated Agreement between the City and the <br />EngIneer and supersedes all prior negotiations, representations or agreements eIther WrItten or <br />oral. The Engineer's expenses for travel, office, production and other expenses associated <br /> <br />14 <br />