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<br /> bgf <br /> 8.5 The ENGINEER hereby affirms that ENGtNEER and ENGINEER's firm have not <br /> made or agreed to make any valuable gift whether in the form of service, loan, thing, or <br /> promise to any person or any of his/her immediate family, having the duty to recommend, <br /> the right to vote upon, or any other direct influence on the selection of consultants to <br /> provide professional design services to the CITY within the two years preceding the <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 /> 8.6 In performing the services required under this Agreement, the ENGINEER will not <br /> discriminate against any person on the basis of race, COIOf, religion, sex, national origin, <br /> age or disability. <br /> 8.7 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 /> 8.8 Should any provision in this Agreement be found or deemed to be invalid, this <br /> Agreement wil/ be construed as not containing the provision, and all other provisions which <br /> are not otherwise lawful will remain in full force and effect, and to this end the provisions <br /> of this Agreement are declared to be severable. <br /> . <br /> 8.9 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the CITY. <br /> 8.10 In performing this Agreement, ENGINEER, its subcontractors, successors and <br /> assigns will comply with aI/local, state and federal laws. <br /> 8.11 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 will 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 <br /> restricted in any way from releasing information in response to a subpoena, court order, <br /> or legal process, but will notify CITY of the demand for information before ENGINEER <br /> responds to such demand. <br /> 8.12 ENGINEER and CITY waive all rights against each other and their directors, <br /> officers, partners, commissioners, officials, agents, subcontractors, and employees for <br /> damages covered by property insurance during and after the completion of the Project. <br /> If the Project includes a construction phase, a similar provision will be incorporated into all <br /> construction phase contracts entered into by CITY and will protect CITY and ENGINEER <br /> to the same extent. <br /> 17 <br />