Res 2009-067 - Laserfiche WebLink

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Section 6.6 Construction All references in this Contract 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 Contract. The captions or headings included in this Contract 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. Section 6.7 Severability Should any provision in this Contract be found or deemed to be invalid, this Contract 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 Contract are declared to be severable. Section 6.8 Compliance With Laws In performing all services under this Contract, the Contractor, its subcontractors, successors and assigns will comply with all local, state and federal laws. Section 6.9 Public Information Act The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter 552 of the Texas Government Code. This Contract and all written information generated under this Contract may be subject to release under the Act. The Contractor will not make any reports, information, data, etc. generated under this Contract available to any individual or organization without the written approval of the City. Section 6.10 Exclusivity All services provided pursuant to this Contract are for the exclusive use and benefit of the City. Section 6.11 Waiver/Renunciation No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing and signed by both parties. Section 6.12 Remedies; No Waiver. In the event of a default or breach of this Contract by the Contractor, 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 Contract with respect to one or more defaults by the Contractor will not waive the City's ability to enforce the Contract after that time. 12