Res 2004-156 - Laserfiche WebLink

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I I I ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 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 commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 9.3 The Engineer will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 9.4 The Engineer hereby affirms that the Engineer and Engineer's firm have not made or agreed to make any valuable gIft whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of Engineers to provide professional services to the City within the two years preceding the execution of the 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. 9.5 In performing the services required under this Agreement, the Engineer will not discriminate against any person on the basis ofrace, color, religion, sex, national origin, age or disability. 9.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 9.7 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are other wise lawful will remain in full force and effect, and to this end the provisions of the Agreement are declared to be severable. 9.8 All services provided pursuant to this Agreement are for the exclusive use and benefit ofthe City. 9.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.10 Nothing in this Agreement is intended as a waiver by the City of any immunity from suit to which it is entitled under Texas law. PBSJ2.wpd 6