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<br /> . 4l{(; <br /> with this Agreement with a limit of at least $1,000,000 annual aggregate. <br /> The stated limits of insurance by this Paragraph are MINIMUM ONLY and it will be the <br /> Engineer's responsibility to determine what limits are adequate. These minimum limits <br /> may be basic policy limits or any combination of basic limits and umbrella limits. The City's <br /> acceptance of Certificates of Insurance that in any respect do not comply with the <br /> requirements of this Agreement does not release the Engineer or its agents or <br /> subconsultants from compliance herewith. <br /> ARTICLE 9 <br /> MISCELLANEOUS PROVISIONS <br /> 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br /> any di~pute arising under this Agreement is in Hays County, Texas. <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 /> 9.3 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 /> professional design services to the City within the two years preceding the execution of this <br /> Agreement. A campaign contribution, as defined by the Election Code or the San Marcos <br /> City Code will not be considered as a valuable gift for the purposes of this Agreement. <br /> 9.4 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 /> - 9.5 All references in this Agreement to any particular gender are for convenience only <br /> and will be construed and interpreted to be of the neuter gender. The term "will" is <br /> mandatory in this Agreement. <br /> 9.6 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 this <br /> Agreement are declared to be severable. <br /> 9.7 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City. <br /> 8 <br />