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<br /> -6- <br /> of Texas. <br /> 5.2 The Consultant hereby affirms that Consultant and <br /> Consultant's firm have not made or agreed to make any valuable gift <br /> whether in the form of service, loan, thing or promise to any <br /> person or any of his/her immediate family, having the duty to <br /> recommend, the right to vote upon, or any other direct influence on <br /> the selection of consultants to provide professional management <br /> services to the city within two years preceding the execution of <br /> this Agreement. A campaign contribution, as defined by the <br /> Election Code or the City of San Marcos Code of Ordinances shall <br /> not be considered as a valuable gift for the purpose of this <br /> Agreement. <br /> 5.3 In performing the services required hereunder, the <br /> Consultant shall not discriminate against any person on the basis <br /> of race, color, religion, sex, national origin, age or physical <br /> disability. <br /> 5.4 All references in this Ag~eement to any particular gender <br /> are for convenience only and shall be construed and interpreted to <br /> be of the neuter gender. <br /> 5.5 Should any provision herein be found to be invalid, <br /> illegal or unenforceable in any respect, this Agreement shall be <br /> construed as not containing such provision, and all other <br /> provisions which are otherwise lawful shall remain in full force <br /> and effect, and to this end the provisions of this Agreement are <br /> declared to be severable. <br /> 5.6 All services provided pursuant to this Agreement are for <br />