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the combined single limit amount of at least $1,000,000.00 as applicable. <br />The stated limits of insurance required by this Paragraph are minimum only —they do not <br />limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine <br />what limits are adequate. These limits may be basic policy limits or any combination of basic <br />limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply <br />with these requirements in any respect does not release the Engineer from compliance with these <br />requirements. <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br />10.1 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. In the event of a dispute in federal court, venue will be <br />in the United States District Court for the Western District of Texas, Austin Division. <br />10.2 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws <br />10.3 As to all acts or failures to act by either parry 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 />10.4 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 />10.5 The Engineer hereby affirms that neither the Engineer, the Engineer's firm nor any of its <br />associates or employees have made or agreed to make any valuable gift whether in the form of <br />service, loan, thing, or promise to any person or any of his/her immediate family, having the duty <br />to recommend, the right to vote upon, or any other direct influence on the selection of Engineers <br />to provide consulting services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos <br />City Code is not considered a valuable gift for the purposes of this Agreement. The Engineer <br />further agrees that none of its paid personnel will be employees of the City or have any contractual <br />relationship with the City. All activities, investigations, and other efforts made by Engineer <br />pursuant to the Agreement will be conducted by employees, associates, or independent contractors <br />of the Engineer. <br />10.6 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 />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />15 <br />