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<br /> Z'8f/ <br /> execution of this Agreement. A campaign contribution, as defined by the Election Code <br /> or the San Marcos City Code will not be considered as a valuable gift for the purposes of <br /> this Agreement. <br /> 9.4 In performing the services required under this Agreement, the PROGRAM <br /> MANAGER will not discriminate against any person on the basis of race, color, religion, <br /> sex, national origin, age or disability. <br /> - 9.5 All references in this Agreement to any particular gender are for convenience only <br /> and will be construed and interpreted to be of the neuter gender. The term "will" is <br /> mandatory in this Agreement. <br /> 9.6 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 /> 9.7 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 PROGRAM MANAGER. <br /> 9.8 In performing this Agreement, PROGRAM MANAGER, ~its subcontractors, <br /> successors and assigns will comply with all local, state and federal laws. <br /> 9.9 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. PROGRAM MANAGER <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 /> PROGRAM MANAGER is not restricted in any way from releasing information in response <br /> to a subpoena, court order, or legal process, but will notify CITY of the demand for <br /> I information before PROGRAM MANAGER responds to such demand. <br /> ARTICLE 10 <br /> SUCCESSORS AND ASSIGNS <br /> 10.1 The CITY and the PROGRAM MANAGER, respectively, bind themselves, their <br /> partners, successors, assigns and legal representatives to the other party to this <br /> Agreement and to the partners, successors, assigns and legal representatives of such <br /> other party with respect to all covenants of this Agreement. Neither the CITY nor the <br /> PROGRAM MANAGER will assign, sublet or transfer any interest in this Agreement without <br /> thç; written consent of the other. <br /> ARTICLE 11 <br /> 9 <br />