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<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 <br />any 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 <br />statute of limitations will commence to run and any alleged cause of action will be deemed <br />to have accrued when the party commencing the cause of action knew or should have <br />known of the existence of the 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 <br />of this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />9.4 The Engineer hereby affirms that Engineer and 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 <br />any person or any of his/her immediate family, having the duty to recommend, the right to <br />vote upon, or any other direct influence on the selection of consultants to provide <br />professional services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Texas Election Code or the San <br />Marcos City Code will not be considered as a valuable gift for the purposes of this <br />Agreement. <br /> <br />9.5 In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, <br />age or disability. <br /> <br />9.6 All references in this Agreement to any particular gender are for convenience only <br />and will be construed and interpreted to be of the appropriate gender. The term "will" is <br />mandatory in this Agreement. <br /> <br />9.7 Should any provision in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing the provision, and all other provisions which <br />are otherwise lawful will remain in full force and effect, and to this end the provisions of <br />this Agreement are declared to be severable. <br /> <br />9.8 All services provided pursuant to this Agreement are for the exclusive use and <br />benefit of the City. <br /> <br />9.9 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />9.10 The City of San Marcos is governed by the Texas Public Information Act (the "Act"), <br /> <br />8 <br />