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<br /> -2- <br /> 6. The Food Bank shall obtain the written approval of the City <br /> for each proposed driver of the Vehicle prior to the driver's <br /> operation of the Vehicle. <br /> 7. The Food Bank may, at its own expense, procure a camper and <br /> install the same on the Vehicle. Any such camper shall be <br /> detached or removed from the Vehicle by the Food Bank upon the <br /> termination of this Agreement. The Food Bank shall fix or repair <br /> any damages resulting from the installation on and/or detachment <br /> or removal of the camper from the Vehicle. Such camper <br /> shall remain the property of the Food Bank. <br /> 8. The Food Bank shall not discriminate in its services to the <br /> public on the basis of sex, race, color, religion, national <br /> origin, age or physical handicap. <br /> 9. This Agreement shall be effective March I, 1990, and shall <br /> continue in effect thereafter from month to month unless <br /> terminated by either party upon thirty (30) days written notice <br /> to the other party. <br /> 10. The rights granted to the Food Bank are non-transferable and <br /> non-assignable. <br /> 11. The Food Bank agrees to promptly notify the City Manager of <br /> the occurrence of any accident involving the Vehicle. The Food <br /> Bank agrees to hold harmless, indemnify and defend the <br /> City from and against any and all claims and damages of every <br /> kind, for injury to or death of any person or persons and for <br /> damage to or loss of property, arising out of or <br /> attributed, directly or indirectly, to the operations or <br /> performance of the Food Bank under this Agreement. <br /> 12. The relationship of the Food Bank to the City is expressly <br /> understood to be that of an independent contractor, and not that <br /> of an agent or employee. <br /> 13. This letter constitutes the entire Agreement of the parties and <br /> may only be amended in writing by both parties. <br /> City of San Marcos, Texas <br /> Af f!J. '" <br /> By: (~"Þ..(. 'ill <br /> Larry D.óGilleY~City Manager <br /> "> <br /> By: <br /> A ma Briggs <br /> Executive Director <br />