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<br />I <br /> <br />I <br /> <br />I <br /> <br />~ <br /> <br />(c) The Library Corporation hereby affirms that The Library Corporation has not made or agreed to <br />make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of <br />his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct <br />influence on the selection of contractors to provide professional services to the City within the two <br />years preceding 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 the purposes <br />of this Agreement. <br /> <br />(d) In performing the services required under this Agreement, The Library Corporation will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, ancestry, <br />age or disability. The City will regard a breach of this covenant as a default by The Library <br />Corporation of the Agreement. <br /> <br />(e) All references in this Agreement to any particular gender are for convenience only and will be <br />construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br /> <br />(f) All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br />City and the Agreement will not give rise to any rights in third parties. <br /> <br />(g) The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter 552 of <br />the Texas Government Code. This Agreement and all written information generated under this <br />agreement may be subject to release under the Act. The Library Corporation will not make any <br />reports, information, data, etc. generated under this Agreement available to any individual or <br />organization without the written approval of the City. <br /> <br />(h) Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this <br />Agreement as though included verbatim herein. <br /> <br />(i) In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or <br />attachment to this Agreement, these Terms and Conditions will govern and control. <br /> <br />September 2, 2004 <br /> <br />Library Contract <br /> <br />Page 28 of 29 <br />