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Res 2017-125/approving an Interlocal Contract between the City of San Marcos and the State of Texas, acting by and through the Texas Department of Information Resources (“DIR”), to purchase a Meter Data Management System, to provide detailed analysis of
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Res 2017-125/approving an Interlocal Contract between the City of San Marcos and the State of Texas, acting by and through the Texas Department of Information Resources (“DIR”), to purchase a Meter Data Management System, to provide detailed analysis of
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8/28/2017 8:25:30 AM
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8/24/2017 10:28:00 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-125
Date
8/15/2017
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CLIENT shall pay VENDOR for services performed and disbursements incurred by <br /> VENDOR prior to the effective date of termination unless such services have been rejected <br /> by CLIENT or not corrected by VENDOR pursuant to Section 8 or VENDOR has otherwise <br /> breached any other terms or condition of this Agreement. <br /> f. TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR <br /> SERVICES RENDERED PRIOR TO TERMINATION ARE VENDOR'S ONLY <br /> REMEDIES FOR THE CLIENT'S TERMINATION FOR CONVENIENCE, WHICH <br /> DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. <br /> VENDOR WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS <br /> SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR <br /> FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CLIENT'S <br /> TERMINATION FOR CONVENIENCE. <br /> g. The exercise of either party of any right of termination shall not constitute a waiver of any <br /> other rights or remedies available to such party for violation of the terms of this Agreement <br /> or under applicable law. <br /> 21. No Solicitation. <br /> a. CLIENT shall not solicit or hire any employee of VENDOR who has performed services for <br /> CLIENT under this Agreement during or within six (6) months following completion of the <br /> performance of such services by the employee without the prior written consent of <br /> VENDOR. <br /> b. VENDOR shall not solicit or hire any employee of CLIENT during the period of and for six <br /> (6) months after the end of this Agreement, without the prior written consent of CLIENT. <br /> 22. Promotion. <br /> a. VENDOR shall not, without prior written consent of CLIENT in each instance (1) use in <br /> advertising, publicity or otherwise the name of CLIENT or any affiliate of CLIENT or any <br /> partner or employee of CLIENT or any mark owned by CLIENT or its affiliates, or (2) <br /> represent, directly or indirectly, that any product or any service provided by VENDOR has <br /> been approved or endorsed by CLIENT. <br /> b. CLIENT shall not, without prior written consent of VENDOR in each instance (1) use in <br /> advertising, publicity or otherwise the name of VENDOR, or any affiliate of VENDOR, or <br /> any partner or employee of VENDOR, or any mark owned by VENDOR or its affiliates, or <br /> (2) represent, directly or indirectly, that any product or any service provided by CLIENT <br /> has been approved or endorsed by VENDOR. <br /> 23. Non-Discrimination. VENDOR agrees that it shall comply with the applicable non- <br /> discrimination provisions required by the United States of America, including but not limited to <br /> the provisions of 49 CFR Part 21 and 49 CFR Part 21, Appendix C (a)(1). This provision is <br /> inclusive of any amendments which may be made to such regulations. <br /> 24. Assignment. VENDOR shall not assign this Agreement or any of its obligations under this <br /> Agreement without the prior written consent of CLIENT. The rights and obligations of this <br /> Agreement shall inure to the benefit of and be binding upon the legal representative, successors <br /> JABIFSPRO <br /> Master Service Agreement Page 15 <br />
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