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ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br />A. This Agreement is governed by and will be construed under the laws of the State of Texas. <br />All obligations of both parties are performable and exclusive venue for any dispute arising under <br />this Agreement is in Hays County, Texas. <br />B. As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br />C. The Engineer will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate <br />for public office. <br />D. The Engineer hereby affirms that neither the Engineer, the Engineer's firm nor any of its <br />associates have made or agreed to make any valuable gift whether in the form of service, loan, <br />thing, or promise to any person or any of his/her immediate family, having the duty to recommend, <br />the right to vote upon, or any other direct influence on the selection of consultants to provide <br />consulting services to the City within the two years preceding the execution of this Agreement. A <br />campaign contribution, as defined by the Texas Election Code or the San Marcos City Code is not <br />considered a valuable gift for the purposes of this Agreement. The Engineer further agrees that <br />none of its paid personnel will be employees of the City or have any contractual relationship with <br />the City. All activities, investigations and other efforts made by the Engineer pursuant to this <br />Agreement will be conducted by employees, associates, or independent contractors of the <br />Engineer. <br />E. In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br />disability or ancestry. The Engineer agrees not to engage in employment practices, which have <br />the purpose or effect of discriminating against employees or prospective employees because of <br />race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by <br />the Engineer may be regarded as a default by the Engineer of the Agreement. <br />F All references in this Agreement to any particular gender are for convenience only and will <br />be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br />G. Should any provision in this Agreement be found or deemed invalid, this Agreement will <br />be construed as not containing the provision and all other provisions, which are otherwise lawful, <br />will remain in full force and effect, and to this end, the provisions of this Agreement are declared <br />severable. Paragraph and section headings included in this Agreement are for convenience only <br />and are not intended to define or limit the scope of any provisions of this Agreement. <br />8 <br />