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<br /> Insurance carriers insuring the Engineer in accordance with <br /> this Agreement which are not rated by the most recent edition of <br /> Best's Key Rating Guide, Property-Casualty, published by A.M. Best <br /> Company, or insurance carriers having a rating lower than A XIII <br /> as shown in the most recent edition of said book, will not be <br /> approved by Owner unless a guaranty bond acceptable to Owner from <br /> a carrier rated A XIII or higher guaranteeing payment of any and <br /> all claims against the Engineer is furnished to Owner. <br /> The stated limits of insurance required by this Paragraph are <br /> MINIMUM ONLY and it shall be the Engineer's responsibility to <br /> determine what limits are adequate. These minimum limits may be <br /> basic policy limits or any combination of basic limits and <br /> umbrella limits. The Owner's acceptance of Certificates of <br /> Insurance that in any respect do not comply with the requirements <br /> of -this Agreement does not release the Engineer from compliance <br /> herewith. <br /> 9.6 The Engineer hereby affirms that it and its firm have <br /> not made or agreed to make any valuable gift whether in th e form <br /> of service, loan, thing or promise to any person or any of its <br /> irmnediate family, having the duty to recommend, the right to vote <br /> upon, or any other direct influence on the selection of <br /> consultants to provide professional design services to the Owner <br /> within the two years preceding the execution of this Agreement. A <br /> campaign contribution, as defined by the Election Code or the City <br /> of San Marcos Code of Ordinances shall not be considered as a <br /> valuable gift for the purposes of this Agreement. <br /> 9.7 In performing the services required hereunder, the <br /> Engineer shall not discriminate against any person on the basis of <br /> race, color, religion, sex, national origin, age or physical <br /> handicap. <br /> 9.8 All references in this Agreement to any particular <br /> gender are for convenience only and shall be construed and <br /> interpreted to be of the neuter gender. <br /> 9.9 Should any provision herein be found or deemed to be <br /> invalid, this Agreement shall be construed as not containing such <br /> provision, and all other provisions which are otherwise lawful <br /> shall remain in full force and effect, and to this end the <br /> provisions of this Agreement are declared to be severable. <br /> -25- <br />