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The work to be performed under this contract will be performed entirely at the Consultant's risk. <br /> The Consultant will be responsible for initiating, maintaining, and supervising all safety <br /> precautions and programs in connection with the work to be performed under this contract. The <br /> Consultant will take all reasonable precautions for the safety of and will provide all reasonable <br /> protection to prevent damage, injury, or loss to employees, the work, the endangered species, or <br /> the property affected by this contract. All damage or loss to any property caused in whole or in <br /> part by the Consultant, any subcontractor, or anyone directly or indirectly employed by any of <br /> them will be remedied by the Consultant. <br /> 16. Notice <br /> As required under this Agreement, notice will be delivered in writing to the parties at the <br /> following locations: <br /> To the City: <br /> City of San Marcos <br /> Jared Miller, City Manager <br /> 630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> To the Consultant: <br /> Southwest Land Services, Inc. <br /> Mr. David Singleton <br /> P.O. Box 2062 <br /> Georgetown, Texas 78627 <br /> 17. Taxes <br /> The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes <br /> in its invoices or vouchers and statement of costs. The City is exempt from payment of such <br /> taxes and the Consultant may retrieve a resale certificate for use on this Project from the State of <br /> Texas Comptroller's website. <br /> 18. Miscellaneous Provisions <br /> (a) This Agreement is governed by the law of the State of Texas. This Agreement is to be <br /> performed in Hays County and exclusive venue for any dispute arising under this Agreement is <br /> 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 or failure to act. <br /> CITY HALL•630 EAST HOPKINS• SAN MARCOS,TEXAS 78666. 512.393.8150• FACSIMILE 855.759.2846 <br /> SANMARCOSTX.GOV <br /> 8 <br />