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<br />I <br /> <br />I <br /> <br />I <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 Funding for this Project has been made available by the United States Department of <br />Housing and Urban Development through its Community Development Block Grant ("CDBG") <br />Program. The Engineer will comply with all of the applicable uniform administrative regulations <br />related to the application, acceptance, and use of federal funds for these federally assisted <br />services. The Engineer will also comply with 24 e.F.R. 85, Section 85.36 Standards of Conduct <br />(Attachment B). Engineer is encouraged to obtain the necessary information specified in this <br />Section, but failure to do so will not relieve it from compliance with the applicable regulations. <br /> <br />10.2 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />arising under this Agreement is in Hays County, Texas. <br /> <br />10.3 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 <br />the subject act(s) or failure(s) to act unless otherwise stipulated under applicable law. <br /> <br />10.4 The Engineer will not use funds received by it directly or indirectly under the terms of <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />10.5 The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />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 />10.6 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, age or <br />disability or ancestry. The Engineer agrees not to engage in employment practices which have <br />the purpose or effect of discriminating against employees or prospective employees because of <br />race, color, sex, religion, national origin, age or disability or ancestry. A breach of this covenant <br />may be regarded as a default of the Engineer of the Agreement. <br /> <br />10.7 All references in this Agreement to any particular gender are for convenience only and <br />will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory <br />in this Agreement. <br /> <br />10.8 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 are <br /> <br />Klotz Engineering <br /> <br />15 <br /> <br />_J <br />