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<br /> ,30t <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 wil' 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 CONSTRUCTION MANAGER hereby affirms that CONSTRUCTION <br /> J MANAGER has not made or agreed to make any valuable gift whether in the form of <br /> service, loan, thing, or promise to any person or any of his/her immediate family, having <br /> the duty to recommend, the right to vote upon, or any other direct influence on the <br /> selection of consultants to provide professional engineering services to the CITY within the <br /> two years preceding the execution of this Agreement. A campaign contribution, as defined <br /> by the Election Code or the City of San Marcos Code of Ordinances will not be considered <br /> as a valuable gift for the purposes of this Agreement. <br /> 9.4 In performing the services required under this Agreement, the CONSTRUCTION <br /> MANAGER will not discriminate against any person on the basis of race, color, religion, <br /> sex, national origin, age or disability, <br /> 9.5 All references in this Agreement to any particular gender are for convenience only <br /> . <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 not otherwise lawful will remain in full force and effect, and to this end the provisions <br /> of this Agreement are declared to be severable, <br /> -- <br /> ! <br /> ¡ 9.7 All services provided pursuant to this Agreement are for the exclusive use and <br /> . <br /> benefit of the CITY, <br /> 9.8 In performing this Agreement, CONSTRUCTION MANAGER, its subcontractors, <br /> successors and assigns will comply with all local, state and federal laws. <br /> 9.9 The City of San Marcos is governed by the Texas Public Information Act, Chapter <br /> 552 of the Texas Government Code, This Agreement and all written information ,generated <br /> under this Agreement may be subject to release under this Act. CONSTRUCTION <br /> MANAGER shall not make any reports, information, data, etc, generated under this <br /> Agreement available to any individual or organization without the written approval of the <br /> CITY, <br /> ARTICLE 10 <br /> SUCCESSORS AND ASSIGNS <br /> J <br />