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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 />10.3 The Consultant will not use funds received by it directly or indirectly under the terms of <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br />10.4 The Consultant hereby affirms that neither the Consultant, the Consultant's firm nor any <br />of its associates or employees have made or agreed to make any valuable gift whether in the form <br />of service, loan, thing, or promise to any person or any of his/her immediate family, having the <br />duty to recommend, the right to vote upon, or any other direct influence on the selection of <br />Consultants to provide consulting services to the City within the two years preceding the execution <br />of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San <br />Marcos City Code is not considered a valuable gift for the purposes of this Agreement. The <br />Consultant further agrees that none of its paid personnel will be employees of the City or have any <br />contractual relationship with the City. All activities, investigations, and other efforts made by <br />Consultant pursuant to the Agreement will be conducted by employees, associates, or independent <br />contractors of the Consultant. <br />10.5 In performing the services required under this Agreement, the Consultant will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br />disability or ancestry. The Consultant 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 Consultant may be regarded as a default of the Agreement. <br />10.6 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 />10.7 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 the Agreement are for convenience only <br />and are not intended to define or limit the scope of any provisions of the Agreement. <br />10.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City and this Agreement does not create rights in third parties. <br />10.9 The Consultant will comply with Executive Order 11246 of 9/24/65, entitled "Equal <br />Employment Opportunity," (30 FR 12319, 12935, 3 CFR Part, 1964-65 Comp., p. 339) as amended <br />AECOM Agreement for Disaster Recovery Support Services 1/17/2017 <br />17 <br />