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F. Right to Review and Adjust. The City reserves the right to review these requirements <br />and to modify insurance coverage and their limits when deemed necessary and prudent. <br />Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer <br />providing coverage because of poor financial condition. <br />ARTICLE 8 <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 Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />any of his/her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of consultants to provide consulting services to the City <br />within the two years preceding the execution of this Agreement. A campaign contribution, as <br />defined by the Texas Election Code or the San Marcos City Code is not considered a valuable gift <br />for the purposes of this Agreement. <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 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. <br />H. All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />V/ <br />