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months each from the date of completion and acceptance of all services performed and <br />Software Products provided <br />9.2 WARRANTY FOR CORRECTION OF DEFECTS IN SOFTWARE <br />The Contractor represents and warrants that: <br />9.2.1 Warranty for Correction of Defects in Software. The Contractor is providing the City with <br />Software Products in the course of its engagement with the City, and it warrants that all computer <br />software provided by the Contractor under the Agreement will meet each of the requirements and <br />representations described in the Agreement, including without limitation all representations of the <br />Contractor included in its proposal. If errors or deficiencies are discovered after the date of the <br />formal acceptance of the software by the City, the Contractor warrants that it will correct the <br />defects without charge to the City, for a period of one (1) year from the date of the discovery. This <br />correction may take the form of software additions, modifications, or deletions, or the provision <br />of substitute software which meets the system functions as specified in the Agreement. All <br />software additions, modifications, and substitution will integrate fully with other software and <br />hardware packages in the system. <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br />10.1 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 in <br />Hays County, Texas. In the event of a dispute in federal court, venue will be in the United States <br />District Court for the Western District of Texas, Austin Division. <br />10.2 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 />10.3 The Contractor 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 Contractor hereby affirms that neither the Contractor, the Contractor's firm nor any of <br />its 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 Contractors <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 Contractor <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 Contractor <br />pursuant to the Agreement will be conducted by employees, associates, or independent contractors <br />of the Contractor. <br />14 <br />