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<br /> ~ . 7'£ <br /> known of the existence of the subject act(s) or failure(s) to act. Engineer will provide <br /> services described in this Agreement within 21 days upon receipt of a written Notice to <br /> Proceed from the City. Engineer is not responsible for delays or damages beyond its <br /> control such as, but not limited to, delays due to regulatory reviews, inclement weather or <br /> inability to obtain access to easements. <br /> 8.3 The Engineer hereby affirms that Engineer has not made or agreed to make any <br /> 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 <br /> other direct influence on the selection of consultants to provide professional engineering <br /> services to the City within the two years preceding the execution of this Agreement. A <br /> campaign contribution, as defined by the Election Code or the San Marcos City Code will <br /> not be considered as a valuable gift for the purposes of this Agreement. <br /> 8.4 In performing the services required under this Agreement, the Engineer will not <br /> discriminate against any person on the basis of race, color, religion, sex, national origin, <br /> age or disability. <br /> 8.5 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 /> 8.6 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 /> 8.7 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City. Nothing in this Agreement shall be construed to give any rights or <br /> benefits to anyone other than City and Engineer. <br /> 8.8 In performing this Agreement, Engineer, its-subcontractors, successors and assigns <br /> will comply with all local, state and federal laws. <br /> 8.9 The City of San Marcos is governed by the Texas Public Information Act, Chapter <br /> 552 of the Texas Government Code. This Agreement and all written information generated <br /> under this Agreement may be subject to release under this Act. Engineer shall not make <br /> any reports, information, data, etc. generated under this Agreement available to any <br /> individual or organization without the written approval of the City. Engineer is not restricted <br /> in any way from releasing information in response to a subpoena, court order, or legal <br /> process, but will notify City of the demand for information before Engineer responds to <br /> such demand. <br /> 6 <br />