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<br />8.7 The Consultant hereby affirms that Consultant and Consultant's firm have not made <br />or agreed to make any valuable gift whether in the form of service, loan, thing, or promise <br />to any person or any of his/her immediate family, having the duty to recommend, the right <br />to vote upon, or any other direct influence on the selection of consultants to provide <br />professional services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Election Code or the City of San <br />Marcos Code of Ordinances will not be considered as a valuable gift for the purposes of <br />this Agreement. <br /> <br />8.8 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. <br /> <br />8.9 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 />8.10 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 />8.11 All services provided pursuant to this Agreement are for the exclusive use and <br />benefit of the City. <br /> <br />8.12 In performing all services under this Agreement, the Consultant, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />8.13 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 Consultant <br />shall not make any reports, information, data, etc. generated under this Agreement <br />available to any individual or organization without the written approval of the 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 to <br />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 />13 <br />