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CONTRACT 214-331 <br /> City for its failure to appropriate funds for the purposes of this Contract in any fiscal year other <br /> than the year in which the Contract is executed. The fiscal year for the City extends from October <br /> 1 st of each calendar year to September 30th of the following calendar year. <br /> ARTICLE 6 <br /> MISCELLANEOUS PROVISIONS <br /> Section 6.1 GoverninLy Law and Venue <br /> This Contract is governed by and will be construed under the laws of the State of Texas. All <br /> obligations of both parties are performable and exclusive venue for any dispute arising under this <br /> Contract is in Hays County, Texas. <br /> Section 6.2 Limitations <br /> As to all acts or failures to act by either party to this Contract, any applicable statute of limitations <br /> will commence to run and any alleged cause of action will be deemed to have accrued when the <br /> party commencing the cause of action knew or should have known of the existence of the subject <br /> act(s) or failure(s)to act. <br /> Section 6.3 Partisan Political Activity <br /> The Contractor will not use funds received by it directly or indirectly under the terms of this <br /> Contract for any partisan political activity or to further the election or defeat of any candidate for <br /> public office. <br /> Section 6.4 Gratuities <br /> The Contractor hereby affirms that the Contractor has not made or agreed to make any valuable <br /> gift whether in the form of service,loan,thing or promise to any person or any of his/her immediate <br /> family, having the duty to recommend,the right to vote upon, or any other direct influence on the <br /> selection of contractors to provide these Services to the city within the two years preceding the <br /> execution of this Contract. A campaign contribution as defined by the Texas Election Code or the <br /> San Marcos City Code will not be considered as a valuable gift for the purposes of this Contract. <br /> The City may terminate this contract if the City finds that gratuities (in the form of entertainment, <br /> gifts or otherwise) were offered or given by the Contractor or any agent or representative of the <br /> Contractor,to any officer or employee of the City to secure favorable treatment with respect to the <br /> awarding, amending, or making of any determination with respect to the performance of this <br /> Contract. hi the event this Contract is terminated under this section, the City may collect, in <br /> addition to any other damages or remedies to which it may be entitled by law, exemplary damages <br /> in an amount not less than three or more than ten times the value of the gratuity offered or given <br /> to any city officer or employee. <br /> Section 6.5 Nondiscrimination <br /> 13 <br /> Recycling Services Contract 2014 05.14.24 Redlines <br />