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REV 9.29 17 <br /> may be withheld if this certification is inaccurate. Failure to meet or maintain the requirements under <br /> this provision will be considered a material breach. <br /> Section 2252 Compliance. Section 2252 of the Texas Government Code restricts the Owner <br /> from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. <br /> Professional Firm hereby certifies that is not ineligible to receive the award of or payments under this <br /> Agreement. Failure to meet or maintain the requirements under this provision will be considered a <br /> material breach. <br /> Proprietary Interests. All information owned, possessed or used by Owner which is <br /> communicated to, learned, developed or otherwise acquired by Professional Firm in the performance of <br /> services for Owner, which is not generally known to the public, shall be confidential and Professional <br /> Firm shall not disclose any such confidential information,unless required by law. Professional Firm shall <br /> not announce or advertise its engagement by Owner in connection with the Project or publicly release any <br /> information regarding the Project without the prior written approval of Owner. <br /> Termination Due to Loss of Fundine. If Owner funds are utilized to fund any part of this <br /> Agreement, the Professional Firm understands that those Owner funds for the payment for work <br /> performed by the Professional Firm under this Agreement have been provided through the Owner 's <br /> budget approved by Owner Council for the current fiscal year only. State statutes prohibit the obligation <br /> and expenditure of public funds beyond the fiscal year for which a budget has been approved. The Owner <br /> cannot guarantee the availability of finds, and enters into this Agreement only to the extent such funds are <br /> made available. The Professional Firm acknowledges and agrees that it will have no recourse against the <br /> Owner for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than <br /> the year in which this Agreement was executed. The fiscal year for the Owner extends from October 1st of <br /> each calendar year to September 30th of the following calendar year. <br /> Ethics Matters; No Financial Interest. Professional Firm and its employees, agents, <br /> representatives, and subcontractors have read and understand Owner's Ethics Policy available at <br /> http://www.sanmarcostx.gov/380/Ethics, and applicable state ethics laws and rules. Neither <br /> Professional Finn nor its employees, agents, representatives or subcontractors will assist or cause <br /> Owner employees to violate Owner's Conflicts of Interest Policy, provisions described by Owner's <br /> Standards of Conduct Guide, or applicable state ethics laws or rules. Professional Firm represents and <br /> warrants that no member of the City Council of San Marcos has a direct or indirect financial interest in <br /> the transaction that is the subject of this Agreement. <br /> Subcontracting. The Professional Firm will not subcontract any work under this Agreement <br /> without prior written approval from the Owner. In the event approval is given by the Owner, the <br /> Professional Firm will specify any work or services, the appropriate insurance requirements and <br /> miscellaneous provisions by separate written agreement with the subcontractor. <br /> Termination for Convenience. The Owner may terminate the Agreement at any time upon 30- <br /> calendar days notice in writing to Professional Firm. Upon receipt of such notice,Professional Firm shall, <br /> unless the notice directs otherwise,discontinue all services in connection with the performance of the <br /> Agreement. As soon as practicable after the receipt of notice of termination,Professional Firm shall <br /> submit a statement to the appropriate department(s)showing in detail the services performed or items <br /> delivered under the Agreement to date of termination. The Owner agrees to compensate the Professional <br /> Firm for that portion of the prescribed charges for which the services were actually performed or items <br /> delivered under the Agreement and not previously paid. <br /> Page 5 of 20 <br />