Res 2007-189 - Laserfiche WebLink

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contractors, and to require the contractor to include this clause In Its contracts with equipment and material suppliers: "Contractors subcontractors, and equipment and material suppliers on the Project, or their sureties, will maintain no direct actIon against the EngIneer, Engineer's officers, employees, affiliated corporations, and subcontractors for any claim arising out of, in connectIon with, or resulting from the engIneering services performed on behalf of the City. The CIty is the only beneficiary of any undertaking by the Engineer. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement IS governed by and will be construed under the laws of the State of Texas. All obligatIons of both parties are performable and exclusive venue for any dispute arising under this Agreement is In Hays County, Texas. 10.2 As to all acts or failures to act by either party to thIS Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencIng the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 10.3 The Engineer will not use funds received by It directly or indirectly under the terms of this Agreement for any partisan political actIvity or to further the election or defeat of any candIdate for public office. 10.4 The EngIneer hereby affirms that EngIneer and Engineer's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other dIrect influence on the selection of consultants to provIde professional services to the CIty within the two years preceding the execution of this Agreement. A campaIgn contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gIft for the purposes of thIS Agreement. 10.5 In performIng the servIces required under thIS Agreement, the Engineer will not discnminate against any person on the basis of race, color, religIon, sex, natIonal origin, age, disabilIty or ancestry. The Engineer agrees not to engage in employment practices which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, natIonal origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Agreement by the Engineer. 10.6 All references in thIS Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropnate gender. The term "will" is mandatory in thIS Agreement. 10.7 Should any prOVISIon in this Agreement be found or deemed to be invalid, this Agreement WIll be construed as not containIng the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of thIS Wet Weather hnprovements Project CH2M Hill 20