Res 2007-189 - Laserfiche WebLink

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Agreement are declared to be severable. 10.8 All services provided pursuant to this Agreement are for the exclusIve use and benefit of the CIty. 10.9 In performing all services under this Agreement, the EngIneer, its subcontractors, successors and assigns will comply with all local, state and federal laws. 10.10 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 govenunental capacIty. 10.11 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 EngIneer will not make any reports, InformatIon, data, etc. generated under thIS Agreement available to any individual or organization wIthout the wntten approval of the CIty. 10.12 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. 10.13 In the event that the performance by either the CIty or the EngIneer of any of its obligations under this Agreement is interrupted or delayed by events outsIde of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. The CIty may suspend, delay or Interrupt the services of the Engineer under this Agreement for the convenIence of the City. In such event, Engineer's fee and schedule WIll be equitably adjusted. 10.14 In the event of a default or breach of thIS Agreement by the EngIneer, the CIty reserves the right to choose among the remedies for the default or breach available to the City. These remedIes may be used in conjUnctIon with one another or separately, and together wIth any other statutory or common law remedIes avaIlable to the City. Any failure by the CIty to enforce thIS Agreement with respect to one or more defaults by the Engineer will not waive the CIty'S abIlIty to enforce the Agreement after that time. 10.15 The City and the Engineer WIll use their best efforts to resolve dIsputes amicably. 10.16 To the maximum extent permitted by law, Engineer and Engineer's affiliated corporations, officers, employees, and subcontractors will not be liable for City's special, indirect or consequential damages, whether such damages anse out of a breach of contract or warranty, tort including negligence, strict or statutory lIability, or any other cause of action. In order to protect the Engineer against indirect liabIlity or third-party proceedings, the City indemnifies the Engineer for any such damages. Wet Weather Improvements Project - CH2M Hill 21