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legal action will authorize the City to voluntarily provide the information for
<br />disclosure. City assumes no liability for disclosure or use of any document or portion
<br />of a contract, bid, or RFP that has not been clearly marked as "Confidential ", or as
<br />otherwise constituting information exempt from the Texas Public Information Act, and
<br />may use or disclose such unmarked documents as public records.
<br />9.0 NOTICE
<br />Any notice, demand or request required or permitted to be given under this Agreement shall be
<br />deemed given if reduced to writing and delivered in person, shipped by overnight delivery by a
<br />recognized carrier such as UPS or FedEx, or deposited with the United States Post Office in the
<br />form of certified mail, postage pre -paid return receipt requested, to the party who is to receive
<br />any such notice, demand or request, at the respective address set forth below. Such notice,
<br />demand, or request shall be deemed to have been given upon actual receipt.
<br />If to Texserve, to:
<br />Rick D. Sorrells, Ed. D.
<br />Superintendent
<br />Dallas County Schools d/b /a Texserve
<br />612 North Zang Boulevard
<br />Dallas, Texas 75208
<br />If to the City, to:
<br />Name
<br />Title
<br />Address
<br />, Texas Zip Code
<br />10.0 INDEMNIFICATION AND LIABILITY.
<br />A. Indemnification by Texserve.
<br />To the extent allowed by law, Texserve hereby agrees to defend and indemnify the City
<br />or other interest holders, managers, officers, directors, employees, agents, representatives
<br />and successors, permitted assignees and each of their affiliates, and all persons acting by,
<br />through, under, or in concert with them, or any of them (individually a "City Party" and
<br />collectively the "City Parties ") against, and to protect, save and keep harmless the City
<br />Parties from and to pay on behalf of or reimburse the City Parties as and when incurred
<br />for, any and all liabilities, obligations, losses, damages, penalties, demands, claims,
<br />actions, suits, judgments, settlements, costs, expenses and disbursements (including
<br />reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and
<br />nature (collectively, "Losses ") which may be imposed on or incurred by any City Party
<br />arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any
<br />covenant, warranty or representation of Texserve contained in this Agreement, or (b)
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