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<br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000.00. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they <br />do not limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility <br />to determine what limits are adequate. These limits may be basic policy limits or any <br />combination of basic limits and umbrella limits. The City's acceptance of Certificates of <br />Insurance that do not comply with these requirements in any respect does not release the <br />Engineer from compliance with these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />9.2 As to all acts or failures to act by either party to this Agreement, any applicable <br />statute of limitations will commence to run and any alleged cause of action will be deemed <br />to have accrued when the party commencing the cause of action knew or should have <br />known of the existence of the subject act(s) or failure(s) to act. <br /> <br />9.3 The Engineer will not use funds received by it directly or indirectly under the terms <br />of this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />9.4 The Engineer hereby affirms that Engineer and Engineer's firm have not made or <br />agreed to make any valuable gift whether in the form of service, loan, thing, or promise to <br />any person or any of his/her immediate family, having the duty to recommend, the right to <br />vote upon, or any other direct influence on the selection of Engineers to provide <br />professional services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Texas Election Code or the San <br />Marcos City Code will not be considered as a valuable gift for the purposes of this <br />Agreement. <br /> <br />9.5 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, <br />age or disability. <br /> <br />9.6 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. The term "will" is <br />mandatory in this Agreement. <br /> <br />9.7 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 <br /> <br />13 <br />