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I I I lImIts and umbrella lImIts. The CIty'S acceptance of CertIficates of Insurance that do not comply WIth these reqUIrements m any respect does not release the Engmeer from complIance WIth these reqUIrements. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 ThIS Agreement IS governed by and WIll be construed under the laws of the State of Texas. All oblIgatIOns of both partIes are performable and exclUSIve venue for any dIspute ansmg under thIS Agreement IS III Hays County, Texas. 10.2 As to all acts or failures to act by eIther party to thIS Agreement, any applIcable statute of lImItatIOns WIll commence to run and any alleged cause of actIOn WIll be deemed to have accrued when the party commencmg the cause of actIOn knew or should have known of the eXIstence of the subJect act(s) or faIlure(s) to act. 10.3 The Engmeer WIll not use funds receIved by It dIrectly or mdIrectly under the terms of thIS Agreement for any partIsan polItIcal actIVIty or to further the electIOn or defeat of any candIdate for publIc office. 10.4 The Engmeer hereby affirms that Engmeer and Engmeer's firm have not made or agreed to make any valuable gIft whether m the form of servIce, loan, thmg, or promIse to any person or any of hIslher ImmedIate famIly, havmg the duty to recommend, the nght to vote upon, or any other dIrect mfluence on the selectIon of Engmeers to prOVIde profeSSIOnal servIces to the CIty wIthm the two years precedmg the executIOn of thIS Agreement. A campaIgn contributIon, as defined by the Texas ElectIon Code or the San Marcos CIty Code wIll not be conSIdered as a valuable gIft for the purposes of thIS Agreement. 10.5 In performmg the servIces reqUIred under thIS Agreement, the Engmeer wIll not dIscnmmate agamst any person on the baSIS of race, color, relIgIOn, sex, natIOnal ongm, age or dIsabIlIty 10.6 All references m thIS Agreement to any partIcular gender are for convemence only and WIll be construed and mterpreted to be of the appropnate gender The term "WIll" IS mandatory m thIS Agreement. 10.7 Should any provlSlon m thIS Agreement be found or deemed to be mvalId, thIS Agreement WIll be construed as not contammg the provlSlon, and all other provlSlons WhICh are otherwIse lawful WIll remam m full force and effect, and to thIS end the prOVISIOns of thIS Agreement are declared to be severable 10.8 All servIces prOVIded pursuant to thIS Agreement are for the exclUSIve use and benefit of the City 10.9 In performmg all servIces under thIS Agreement, the Engmeer, ItS subcontractors, successors and aSSIgns WIll comply WIth all local, state and federal laws APAI Surface Water Expansion 15