Res 2015-135/approving an agreement between the City and Wells Fargo Bank, N.A. for the provision of Depository Services contingent upon the depository’s provision of sufficient insurance in accordance with the attached agreement

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as acts of Clod, war, riot or civil commotion, then the party is excuse([ from such performance for the period of time reasonably necessary to remedy the effects of such events. 9.16 In the event of a default or breach of this Agreement by a party, the other party reserves the right to choose among the remedies for the default or breach available to such non - defaulting /breaching party. 'These remedies may be used ill conjunction with one another or separately, and together with any other statutory or common law remedies available to such nom- defaulting /breaching party. Any failure by either party to enforce this Agreement with respect to one or more defaults by the other party will not waive such party's ability to enforce the Agreement after that time. 9.17 If applicable, the Depository will pay all license fees, royalties and other costs incident to the use of any invention., design, process, product or device subject to a patent right or copyright held by others in. performing the work or in the completed project. 9AS It is expressly agreed that the Depository is an independent contractor and not an employee, agent partner or joint venturer with the City. The Depository will not pledge or attempt to pledge the credit of the City. 9.19 It is the City's intent to be proactive with regard to the environment. The Depository is encouraged to r.rtilize green solutions in performing any services under the Agreement, as appropriate. The City encourages "value purchasing" of environmentally friendly products. 9.20 The Depository's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as amended, all City of San Marcos owned and rented /leased properties are smoke free properties. The Depository's subconsultants and employees are prohibited from smoking while Oil City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. AR'rl 'LI 10 SUCCESSORS AND ASSIGNS 1.0.1 The City and the Depository, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. "Ihe Citv and the Depository will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. 10.2 Notwithstanding any other provision of this agreement which may be to the contrary, this Agreement and the respective rights and obligations of the parties under it will remain in full force and effect and not otherwise be affected by the merger of the Depository with a third party, or by the acquisition of the Depository by a third party. The Depository will notify the City in writing of any change in its partnership and /or ownership within 30 calendar days from the date 9