Res 2005-147 - Laserfiche WebLink

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will not waive the City's ability to enforce the Agreement after that time. PART 5. INDEPENDENT CONTRACTOR/INDEMNITY Section 5.01. It is understood and agreed between the parties that the City and Fuschak's, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or j oint venture. The City assumes no responsibilities or liabilities to any third parties in connection with this Agreement, and Fuschak's agrees to indemnify, defend and hold the City harmless from any such liabilities. PART 6. MISCELLANEOUS Section 6.01. All notices called for or required by this Agreement will be delivered to the following by certified mail or confirmed facsimile transmission: Morgan Fuschak Fuschak's Bar-B-Que 920 Highway 80 San Marcos, Texas 78666 Fax: 353-2786 City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Fax: 396-4656 Each party will notify the other party in writing of any change in its address. Section 6.02. Fuschak' s agrees to ensure that no discrimination will occur in the provision of services or in employment practices at the Building on the basis of race, creed, color, national origin, sex or disability. Section 6.03. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This Agreement may be amended only by a written instrument executed by both parties. Section 6.04. This Agreement will be construed under the laws of the State of Texas. The term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This Page 3 of 4