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( Oç/J -3- ARTICLE 5 OTHER PROGRAM REQUIREMENTS 5.1 SUBRECIPIENT will not exclude any person from participation in, deny the benefits of, or subject the person to discrimination under any of the program's activities receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 5.2 As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action shall be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 5.3 The SUBRECIPIENT agrees to hold harmless, indemnify and defend the CITY, its officers, agents and employees from and against any claims for injuries or property damage caused by SUBREC¡PIENT during the course of this Agreement. The CITY agrees to hold harmless the SUBRECIPIENT, its officers, agents and employees from and against any claims for injuries or property damage caused by CITY during the course of this Agreement. < 5.4 The SUBRECIPIENT affirms that it has not made or agreed to make any valuable gift whether in the form of service, loan, thing or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of subrecipients for receipt of CDBG grant funds within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Election Code or the City of San Marcos Code of Ordinances will not be considered as a valuable gift for the purposes of this Agreement. 5.5 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 5.6 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 5.7 In performing this Agreement, SUBRECIPIENT will comply with all local, state and federal laws. ARTICLE 6 SUSPENSION AND TERMINATION 6.1 If SUBRECIPIENT fails to fulfill in a timely and proper manner