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Failure to meet or maintain the requirements <br />under this provision will be considered a <br />material breach. <br />33. 2252 Compliance. Section 2252 of the Texas <br />Government Code restricts the City from contracting <br />with companies that do business <br />with Iran, Sudan, or a foreign <br />terrorist organization. Contractor hereby certifies that <br />is not ineligible to receive the award of or payments <br />under this Agreement. Failure to meet or maintain <br />the requirements under this provision will be <br />considered a materialbreach. <br />34. MS4: in accordance with San Marcos <br />Ordinance No. 2016-12, all contractors and <br />subcontractors will adhere to the established <br />methods for controlling and minimizing the release <br />of pollutants into the municipal separate storm <br />sewer systems (MS4) of City of San Marcos in <br />order to comply with local, state, and federal <br />regulations. All contractors and subcontractors <br />will comply with specific good housekeeping and <br />stormwater pollution prevention measures <br />established for the facility or site covered under <br />this contract. <br />35. Force Majeure. Each party will be excused <br />from performance for any period during which, and <br />to the extent that, it is prevented from performing <br />any obligation or service as a result of causes <br />beyond its reasonable control, and without its <br />fault or negligence, including without limitation, <br />acts of God, strikes, lockouts, riots, acts of war, <br />epidemics, communication line failures, <br />and power failures. <br />Nothing in the foregoing shall be deemed to <br />relieve Contractor or its Affiliates of its <br />obligation to pay fees owed under this <br />Agreement. <br />36. Texas Public Information Act. Contractor <br />understands and acknowledges that the City is a <br />governmental entity in Texas and is subject to <br />requests for public information under the Texas <br />Public Information Act. Any action taken by the <br />City to meet its legal requirements under the Texas <br />Public Information Act or related City Ordinance <br />will not be considered a breach of this Agreement. <br />37. Independent Contractor. The Contract shall <br />not be construed as creating an <br />employer/employee relationship, a partnership, <br />or a joint venture. The Contractor's services <br />shall be those of an independent <br />contractor. The Contractor agrees and <br />understands that the Agreement does not <br />grant any rights or privileges established for <br />employees of the City. <br />38. Governing Law. The Agreement will be <br />governed by and construed under the laws of <br />the State of Texas. Any controversy, claim or <br />dispute arising out of or relating to this <br />Agreement will be brought in a state court of <br />competent <br />jurisdiction in Hays County or, if in federal <br />court, in the Federal Western District of Texas, <br />Austin Division for trial. <br />EDSM Approved on Aug. 22, 2025: One -Year Extension (Clean Version) Page 23 of 25 <br />