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9.8.13 COPYRIGHT <br /> If this contract results in any copyrightable material or inventions, the City and/or grantor <br /> agency reserves the right to royalty-free, non-exclusive and irrevocable license to <br /> reproduce, publish or otherwise use and to authorize others to use, the work or materials <br /> for governmental purposes. <br /> ARTICLE 10 <br /> MISCELLANEOUS PROVISIONS <br /> 10.1 This Agreement is governed by the laws 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. In the event of a dispute in federal court, venue will be in the United <br /> States 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 <br /> of its associates or employees have made or agreed to make any valuable gift whether in the <br /> form of service, loan, thing, or promise to any person or any of his/her immediate family, having <br /> the duty to recommend, the right to vote upon, or any other direct influence on the selection of <br /> Contractors to provide consulting services to the City within the two years preceding the <br /> execution of this Agreement. A campaign contribution, as defined by the Texas Election Code <br /> or the San Marcos City Code is not considered a valuable gift for the purposes of this <br /> Agreement. The Contractor further agrees that none of its paid personnel will be employees of <br /> the City or have any contractual relationship with the City. All activities, investigations, and <br /> other efforts made by Contractor pursuant to the Agreement will be conducted by employees, <br /> associates, or independent contractors of the Contractor. <br /> 10.5 In performing the services required under this Agreement, the Contractor will not <br /> discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br /> disability or ancestry. The Contractor 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 <br /> by the Contractor 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 <br /> will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory <br /> in this Agreement. <br /> 20 <br />