Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services

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Agreement will be conducted by employees, associates, or independent contractors of the Vendor. 9.6 In performing the services required under this Agreement, the Vendor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Vendor agrees not to engage in employment practices which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. The City will regard a breach of this covenant as a default of the Agreement. 9.7 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. The term "will" is mandatory in this Agreement. 9.8 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the 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. Any provision contained in this Agreement that, by its nature, could reasonably be construed to survive expiration of this Agreement will so survive. 9.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. and the Agreement will not give rise to any rights in third parties. 9.10 In performing all services under this Agreement, the Vendor, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.11 The City's execution and performance under this Agreement will not act as a waiver by the City of any immunity from suit to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 9.12 The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Vendor will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. 9.13 The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. Black Box Telephone Hardware and Software Master Purchase and Maintenance Agreement 2013 18