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breach of the Agreement by either party, the other party reserves the right to choose among the <br />remedies for the default or breach available to it. These remedies may be used in conjunction with one <br />another or separately, and together with any other statutory or common law remedies available. Any <br />failure by the City to enforce this Agreement with respect to one or more defaults by Tyler will not <br />waive the City's ability to enforce the Agreement after that time. <br />13. Multiple Originals and Signatures. This Agreement may be executed in multiple originals, any of <br />which will be independently treated as an original document. Any electronic, faxed, scanned, <br />photocopied or similarly reproduced signature on this Agreement or any amendment hereto will be <br />deemed an original signature and will be fully enforceable as if an original signature. <br />14. Amendment. The terms, provisions and conditions of this Agreement may only be amended by <br />written instrument which must be signed by both the City and Tyler. The San Marcos City Council <br />must approve an Authorization of Change in Services or amendment, as applicable, if it results in a <br />change, the compensation for which exceeds $50,000.00. The City reserves the right to request work <br />changes in the nature of addition, deletion or modification to the scope of services, without violating <br />this Agreement, and agrees to make corresponding changes in the Agreement price as mutually agreed. <br />The City will consult Tyler with regard to any work changes to ascertain the feasibility of said change <br />and to coordinate said change with the balance of the Project. All changes will be authorized in <br />writing signed by the City and Tyler's authorized representative. The City agrees not to request any <br />changes without Tyler's written approval once an order has been placed for products or work initiated <br />on services and Tyler Software Product modifications. The City may desire additional items beyond <br />those itemized in this Agreement. These may be additional units, parts desired but not requested in the <br />RFP, etc. The City may submit a written request to purchase these items. This is not to be used for <br />pricing errors or items that are scheduled already as deliverable. <br />15. Termination. <br />a) The City may terminate this Agreement for cause in the event Tyler does not cure a material breach <br />of this Agreement within thirty (30) days of receiving notice of such breach from the City. <br />b) The Agreement may be terminated for convenience and without cause by the City upon at least <br />thirty (30) calendar days prior written notice to Tyler. <br />c) In the event of termination as provided in this Section, Tyler will immediately discontinue all <br />services under the Agreement as directed by the City. Upon any termination of this Agreement, the <br />City will pay Tyler for all services and expenses not in dispute and non - Defective Tyler Software <br />Products which were delivered or incurred prior to the date Tyler received City's notice of termination. <br />Payment for services and expenses in dispute will be determined in accordance with the dispute <br />resolution process. <br />16. Non - appropriation. Tyler understands that funds for the payment for the provision of services and <br />products included under this Agreement and performed by Tyler under this Agreement have been <br />provided through the City's budget approved by City Council for the current fiscal year only. State <br />statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a <br />Tyler Financial And Human Resources Software Application Systems Agreement 2013 <br />15 <br />