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<br /> lJ () I<. <br /> -12- <br /> ARTICLE 9 <br /> MISCELLANEOUS PROVISIONS <br /> 9.1 Funding for this Project has been made available by the U.S. <br /> Department of Housing and Urban Development ("HUD") through the <br /> Community Development Block Grant ("CDBG") Program. The ENGINEER <br /> will comply with all the applicable uniform administrative <br /> regulations published by the Office of Management and Budget and <br /> the Code of Federal Regulations (24 C.F.R. 570) as amended, as <br /> those regulations relate to the application, acceptance, and use <br /> .. -- of federal funds for these federally assisted services. The <br /> ENGINEER will also comply with 24 CFR 85, Section 85.36(3) <br /> Standards of Conduct. ENGINEER is encouraged to obtain the <br /> necessary information from the CITY for the purpose of compliance <br /> with this Section. Failure of the ENGINEER to obtain the <br /> necessary information specified in this Section will not relieve <br /> it from compliance with the applicable regulations. <br /> 9.2 This Agreement is governed by the law of the State of <br /> Texas. Exclusive venue for any dispute arising under this <br /> Agreement is in Hays County, Texas. <br /> 9.3 As to all acts or failures to act by either party to <br /> this Agreement, any applicable statute of limitations will <br /> commence to run and any alleged cause of action will be deemed to <br /> have accrued when the party commencing the cause of action knew or <br /> should have known of the existence of the subject acts(s) or <br /> failure(s) to act. <br /> 9.4 The ENGINEER will indemnify the CITY and its employees, <br /> agents, officers and servants from any and all lawsuits, claims, <br /> demands and causes of action of any kind arising from the <br /> negligent or intentional wrongful acts of the ENGINEER, its <br /> employees or agents. This will include, but not be limited to, <br /> the amounts of judgments, penalties, interest, court costs, legal <br /> fees, and all other expenses incurred by the CITY arising in favor <br /> of any party, including the amo1.).nts of any damages or awards <br /> resulting from claims, demands and causes of action for personal <br /> injuries, death or damages to property and without limitation by <br /> enumeration, all other claims, demands, or causes of action of <br /> every character occurring, resulting, or arising from any <br /> negligent or intentional wrongful act, error or omission of the <br /> ENGINEER and/or its agents and/or employees. This Agreement by <br /> ENGINEER will not be limited by reason of the specification of any <br /> particular insurance coverage in this Agreement. <br /> 9.5 The ENGINEER will procure and maintain at ENGINEER's <br /> expense insurance in the kinds and amounts hereinafter provided <br /> with insurance companies authorized to do business in the State of <br /> Texas, covering all operations under .this Agreement, whether <br /> performed by ENGINEER or ENGINEER's agents or employees. Before <br /> commencing the work the ENGINEER will furnish to the CITY a <br /> certificate or certificates in form satisfactory to the CITY, <br /> showing that ENGINEER has complied with this paragraph. All <br />