Res 1994-090 - Laserfiche WebLink

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, I tY-t ((. City of San Marcos Code of Ordinances will not be considered as a valuable gi'ft 'for the purposes of this Agreement. - -~- 9.6 In performing the services required hereunder, the CONSULTANT will comply with regulations relative to non-discrimination in federally assisted programs of the Department of Transportation ( DOT) Title 49, Code of Federal Regulations, Part 21, as amended and contained in Attachment "A" hereto and will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or physical handicap. 9.7 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the neuter gender. The term "will" is mandatory in this Agreement. 9.8 Should any provision herein be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 9-9 All services provided pursuant to this Agreement are for the exclusive use and benefit of CITY. 9.10 In performing this Agreement, CONSULTANT, its Contractors, subcontractors, successors and assigns, will comply with all local, state and federal laws and regulations. ARTICLE 10 . SUCCESSORS AND ASSIGNS 10.1 The CITY and the CONSULTANT, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the CITY nor the CONSULTANT will assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE II EXTENT OF AGREEMENT 11.1 This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT with the approval of City Council. ARTICLE 12 OTHER DUTIES AS SET FORTH IN CONSTRUCTION CONTRACT DOCUMENTS 12.1 CONSULTANT will have such other duties and responsibilities and limitations of authority as agreed to by CONSULTANT in writing and as are set forth in the construction contract documents for the Project. However, in the event of conflict, dispute, or discrepancy between the provisions of this Agreement and the construction contract -19-