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<br />requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any <br />dispute arising under this Agreement is in Hays County, Texas. <br /> <br />9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of the <br />subject act(s) or failure(s) to act. <br /> <br />9.3 The Engineer will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate for <br />public office. <br /> <br />9.4 The Engineer hereby affirms that the Engineer and the Engineer's firm have not made or <br />agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person <br />or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of consultants to provide professional services to the City <br />within the two years preceding the execution of this Agreement. A campaign contribution, as <br />defined by the Texas Election Code or the San Marcos City Code will not be considered as a <br />valuable gift for the purposes of this Agreement. <br /> <br />9.5 In performing the services required under this Agreement, the Engineer will not discriminate <br />against any person on the basis of race, color, religion, sex, national origin, age or disability. <br /> <br />9.6 All references in this Agreement to any particular gender are for convenience only and will <br />be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br /> <br />9.7 Should any provision in this Agreement be found or deemed to be invalid, this Agreement <br />will be construed as not containing the provision, and all other provisions which are otherwise <br />lawful will remain in full force and effect, and to this end the provisions of this Agreement are <br />declared to be severable. <br /> <br />9.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br />City. <br /> <br />9.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors <br />and assigns will comply with all local, state and federal laws. <br /> <br />14 <br />