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10. Liability: To the extent allowed by law each Party agrees to be solely responsible for the <br />wrongful acts of its own employees, contractors, and agents. However, nothing contained <br />herein shall constitute a waiver by either Party of its sovereign immunity. <br />11. Governing Law and Venue: This Agreement represents the entire agreement between the <br />Parties as to its subject matter and shall be governed by and construed in accordance with the <br />laws of the State of Texas. Venue for a dispute arising from this agreement shall be in Hays <br />County, Texas. Nothing herein shall constitute a waiver of either Party's sovereign immunity <br />or the constitutionally, statutory or common law rights, privileges, immunities or defenses of <br />the parties. <br />12. Nondiscrimination: In their execution of this agreement, all contractors, subcontractors, <br />their respective employees, and others acting by or through them shall comply with all federal <br />and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. <br />Any breach of this covenant may result in termination of this agreement. <br />13. Breach: The City's failure to fully comply with the payment terms set forth herein <br />constitutes a material breach by the City and Texas State may terminate this agreement by <br />giving the City at least ten days' prior notice, except that any such notice will not result in <br />termination if the breaching Party cures the breach before the ten-day period elapses. In the <br />event of breach by the City, Texas State shall retain sole and exclusive ownership of all work <br />performed by Texas State pursuant to this agreement. <br />This agreement is executed by: <br />San Marcos <br />�v <br />BY <br />NAME Bert�Lumb ras <br />TITLE City Manager <br />Texas State University <br />NAME Walter E. Horton, Jr, PhD <br />TITLE Chief Research Officer <br />DATE DATE Sep 17, 2021 <br />