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<br />Inspections Division. If any work is performed for the Subrecipient by a contractor, <br />Subrecipient will ensure that the contractor is duly licensed under City ordinances and <br />State laws. <br /> <br />2.11 Subrecipient understands that Subrecipient is solely responsible for meeting the <br />terms and conditions of this Agreement. If Subrecipient fails to properly perform or <br />complete any of the work specified in the Statement of Work, it will not receive grant <br />funding for any work that is found to be improperly performed or incomplete. <br /> <br />ARTICLE 3 <br />OTHER PROGRAM REQUIREMENTS <br /> <br />3.1 Subrecipient will not exclude any person from participation in, deny the benefits of <br />or subject the person to discrimination under any of the Subrecipient activities receiving <br />federal financial assistance on the grounds of race, color, religion, sex national origin, age <br />or disability. <br /> <br />3.2 As between the parties to this Agreement, as to all acts or failures to act by either <br />party to this Agreement, any applicable statute of limitations will commence to run and any <br />alleged cause of action shall be deemed to have accrued in any and all events when the <br />party commencing said cause of action knew or should have known of the existence of the <br />subject act (s) or failure (s) to act. <br /> <br />3.3 The Subrecipient agrees to hold harmless, indemnify and defend the City, its <br />officers, agents and employees from and against any claims for injuries or property <br />damage caused by Subrecipient, its officers, agents or employees during the course of this <br />Agreement. <br /> <br />3.4 The Subrecipient affirms that it has not made or agreed to make any valuable gift <br />whether in the form of service, loan, thing or promise to any person or any of his/her <br />immediate family, having the duty to recommend, the right to vote upon, or any other direct <br />influence on the selection of Subrecipients for receipt of CDBG grant funds within the two <br />years preceding the execution of this Agreement. A campaign contribution, as defined by <br />the Election Code or the City of San Marcos Code of Ordinances will not be considered as <br />a valuable gift for the purposes of this Agreement. <br /> <br />3.5 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. For the purposes <br />of this Agreement the term "will" is mandatory. <br /> <br />3.6 Should any provision in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing such provision, and all other provisions <br /> <br />3 <br />