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Waiver. A delay or omission by either party in exercising any right or power under the Agreement shall not <br />be construed as a waiver of that right or power. A waiver by either party of any term or condition of the Agreement <br />shall not be construed as a waiver ofany subsequent breach of that term or condition or of any other term or condition <br />of the Agreement. <br />Severability. If any provision of this Agreement is determined to be invalid or unenforceable in any respect, <br />that determination shall not affect any other provision of this Agreement which shall be interpreted as if the invalid or <br />unenforceable provision had not been included. <br />Independent Contractor.Professional Firmrecognizes thatit is engaged as an independent contractor and <br />acknowledges that Owner shall have no responsibility to provideProfessional Firmor its employees with any <br />benefits normally associated with employee status.TheFirmwill neither hold itself out as nor claim to be an <br />officer, partner, employee or agent of Owner. <br />Family Code Child Support Certification.If State funds are being used in in the procurement of the services <br />described in Exhibit1, pursuant to Section 231.006, Texas Family Code,Professional Firmcertifies that it is not <br />ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may <br />be terminated and payment may be withheld if this certification is inaccurate. <br />Prohibition on Contracts with Companies Boycotting Israel.Pursuant to Chapter 2271and 808, Texas <br />Government Code,theFirmcertifies that is not ineligible to receive the award of or payments under the Agreement <br />and acknowledges that the Agreement may be terminated,and payment may be withheld if this certification is <br />inaccurate. Failure to meet or maintain the requirements under this provision will be considered a material breach. <br />Section 2252 Compliance.Section 2252 of the Texas Government Code restricts theOwnerfrom <br />contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization.TheFirmhereby <br />certifies that is not ineligible to receive the award of or payments under this Agreement. Failure to meet or maintain <br />the requirements under this provision will be considered a material breach. <br />Prohibition on Contracts with Certain Foreign-Owned Companies. Section 2274 of the Texas Government <br />Code (SB2116) restricts the City from contracting with companies that do business with certain foreign-owned <br />companies in connection with critical infrastructure if the company is granted direct or remote access; andif the <br />company is owned by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, <br />or a “designated country”, or headquartered in China, Iran, North Korea, Russia, or a designated country. <br />Designated country is Governor-designated country as a threat to critical infrastructure. By signing below as an <br />authorized signer, the Bidder hereby certifies that it does not do business with certain foreign-owned companies <br />in connection with critical infrastructure as described herein. Failure to maintain the requirements under this <br />provision will be considered a material breach. <br />Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries. <br />Section 2274 of the Texas Government Code (SB19) restricts the City from contracting with companies that <br />discriminate against firearm and ammunition industries. By signing below as an authorized signer, the Bidder <br />certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity <br />or firearm trade association; and will not discriminate against the same during the term of this contract. (Only <br />applies to companies with 10 or more full-time employees and for a contract value greater than $100,000.) Failure <br />to maintain the requirements under this provision will be considered a material breach. <br />Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Section 2274 of the <br />Texas Government Code (SB13) restricts the City from contracting with companies that boycott energy <br />companies. By signing below as an authorized signer, the Bidder certifies that it does not have a practice, policy, <br />guidance, or directive boycotting energy companies, and will not discriminate against the same during the term <br />of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater <br />than $100,000.) Failure to maintain the requirements under this provision will be considered a material breach. <br />Rev 12.12.2024 Page 4 of 10 <br /> <br />