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<br />CIty'S ability to enforce the Agreement after that
<br />tune,
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<br />9. Miscellaneous Provisions
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<br />(a) This Agreement is governed by the law of the
<br />State of Texas. Exclusive venue for any dIspute
<br />ansmg under thIS Agreement is m Hays County,
<br />Texas.
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<br />(b) As to all acts or failures to act by eIther party to
<br />thIS Agreement, any applicable statute of lumtatlOns
<br />will commence to run and any alleged cause of actlOn
<br />will be deemed to have accrued when the party
<br />commencmg the cause of acnon knew or should have
<br />known of the eXIstence of the subject act or failure to
<br />act.
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<br />(c) The Consultant agrees not to use funds received
<br />by it under the terms of dus Agreement for any
<br />parnsan political activIty or to further the electlOn or
<br />defeat of any candidate for pubhc office.
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<br />(d) The Consultant hereby affirms that Consultant
<br />and Consultant's firm have not made or agreed to
<br />make any valuable gIft whether in the form of
<br />servIce, loan, thmg, or promIse to any person or any
<br />of hls/her immediate family, havmg the duty to
<br />recommend, the right to vote upon, or any other
<br />direct influence on the selectlOn of consultants to
<br />provIde professlOnal services to the CIty within the
<br />two years preceding the executlOn of this Agreement.
<br />A campaign contribunon, as defmed by the Texas
<br />ElectlOn Code or the San Marcos CIty Code will not
<br />be considered as a valuable gIft for the purposes of
<br />this Agreement.
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<br />( e) In performing the services required under thIS
<br />Agreement, the Consultant will not discriminate
<br />against any person on the basis of race, color,
<br />rehglOn, sex, national ongm, age, disabihty or
<br />ancestry. The Consultant agrees not to engage in
<br />employment practices which have the purpose or
<br />effect of dlscrimmating agamst employees because of
<br />race, color, sex, religlOn, national origin, age,
<br />dIsability or ancestry. A breach of thIS covenant may
<br />be regarded as a default of the Consultant of the
<br />Agreement.
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<br />(f) All references m tlus Agreement to any partIcular
<br />gender are for convemence only and will be
<br />construed and interpreted to be of the appropnate
<br />Standard Ts and Cs March 2006
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<br />gender. The term "will" IS mandatory in thIS
<br />Agreement.
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<br />(g) Should any provlslOn in this Agreement be found
<br />or deemed to be invalid, thIS Agreement will be
<br />construed as not containmg the provislOn, and all
<br />other provisions which are otherwIse lawful will
<br />remain in full force and effect, and to tlus end the
<br />provislOns of thIS Agreement are declared to be
<br />severable,
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<br />(h) All services provided pursuant to thIS Agreement
<br />are for the excluslVe use and benefit of the CIty
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<br />(i) The City of San Marcos IS governed by the Texas
<br />Pubhc Informanon Act ( the "Act"), Chapter 552 of
<br />the Texas Government Code, This Agreement and
<br />all wntten mformatlOn generated under tlus
<br />agreement may be subject to release under the Act.
<br />The Consultant shall not make any reports,
<br />mformatlOn, data, etc. generated under this
<br />Agreement available to any individual or
<br />organlzatlOn without the wntten approval of the CIty,
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<br />(j) In the event that the performance by eIther
<br />the City or the Consultant of any of its obhgations
<br />under thIS Agreement is interrupted or delayed by
<br />events outside of thelf control such as acts of God,
<br />war, riot or CIvil commotlOn, then the party IS
<br />excused from such performance for the period of
<br />time reasonably necessary to remedy the effects of
<br />such events,
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<br />(k) The City and the Consultant, respectively, bind
<br />themselves, their partners, successors, asSIgnS and
<br />legal representatives to the other party to this
<br />Agreement and to the partners, successors, assigns
<br />and legal representatives of such other party with
<br />respect to all covenants of this Agreement. The City
<br />and the Consultant may not assign, sublet or transfer
<br />any interest in this Agreement without the written
<br />consent of the other.
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<br />(I) This Agreement represents the entlfe and
<br />mtegrated Agreement between the City and the
<br />Consultant and supersedes all prior negotianons,
<br />representatlOns or agreements either written or oral,
<br />Except as to a change m the scope of services, the
<br />compensanon for WhICh does not exceed $25,000,00,
<br />thIS Agreement may be amended only by written
<br />mstrument approved by the City's governing body
<br />and signed by both the CIty and the Consultant.
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