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<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 /> ARTICLE 10 <br /> MISCELLANEOUS PROVISIONS <br /> 10.1 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 /> 10.2 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 /> 10.3 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 /> 10.4 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 consultants to provide <br /> profession~1 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 /> 10.5 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 /> 10.6 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 /> 10.7 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 /> are otherwise lawful will remain in full force and effect, and to this end the provisions of <br /> this Agreement are declared to be severable. <br /> 10.8 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City. <br /> 12 <br />