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ARTICLE 8 <br /> CERTIFICATE OF INTERESTED PARTIES. <br /> This Engineer is required to electronically create a Certificate of Interested Parties Form <br /> 1295 through the Texas Ethics Commission ("TEC") website <br /> (https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm) and submit a signed and <br /> notarized copy of the form to the City prior to the award of the contract. A contract, including a <br /> City-issued purchase order, will not be enforceable or legally binding until the City receives and <br /> acknowledges receipt of the properly completed Form 1295 from the Engineer. <br /> 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 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 /> 8 <br />