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Res 1998-183
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Res 1998-183
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Last modified
4/24/2007 1:27:52 PM
Creation date
4/23/2007 4:42:06 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-183
Date
9/14/1998
Volume Book
134
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<br /> Certificates of Insurance that do not comply with these requirements in any respect does <br /> not release the Consultant from compliance with these requirements. <br /> ARTICLE 8 <br /> MISCELLANEOUS PROVISIONS <br /> 8.1 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 /> 8.2 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 a\\eged 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 faiJure(s) to act. <br /> 8.3 The Consultant 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 /> 8.4 The Consultant hereby affirms that Consultant and Consultant's firm have not made <br /> or agreed to make any valuable gift whether in the form of service, loan, thing, or promise <br /> to any person or any of his/her immediate family, having the duty to recommend, the right <br /> to vote upon, or any other direct influence on the selection of consultants 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 /> 8.5 In performing the services required under this Agreement, the Consultant will not <br /> discriminate against any person on the basis of race, color, religion, sex, national origin, <br /> age or disability. <br /> 8.6 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 /> 8.7 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 /> 8.8 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City. <br /> 8.9 In performing all services under this Agreement, the Consultant, its subcontractors, <br /> 7 <br /> - <br />
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