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5.2 Neither this Agreement or any duties or obligations under this Agreement may be <br />assigned by PIDWorks without the prior written consent of the City. <br />5.3 The waiver by either party of a breach or violation of any provision of this <br />Agreement will not operate as or be construed to be a waiver of any subsequent breach <br />thereof. <br />5.4 All records, reports, and other documents prepared by PIDWorks for the purposes <br />of providing the services described in this Agreement shall be property of the City. All <br />such documents shall be made available to the City during the course of performance of <br />this Agreement. Any reports, studies, photographs, negatives, or other documents or <br />drawings prepared by PIDWorks in the performance of its obligations under this <br />Agreement shall be the exclusive property of the City and all such materials shall be <br />remitted to the City by PIDWorks upon completion, termination, or cancellation of this <br />Agreement. <br />5.5 The City acknowledges PIDWorks' ownership of its software, programs, <br />inventions, know-how, trade secrets, confidential knowledge, source code, or other <br />proprietary information relating to products, processes, services, software, formulas, <br />developmental or experimental work, business plans, financial information, or other <br />subject matter ("Confidential Information") pertaining to the business of PIDWorks. This <br />Agreement shall not in any way give rise to any requirement or obligation for PIDWorks <br />to disclose or release any Confidential Information. <br />5.6 The headings and article titles of this Agreement are not a part of this Agreement <br />and shall have no effect upon the construction or interpretation of any part hereof. <br />5.7 Should either parry commence any legal action or proceeding against the other <br />based upon this Agreement, the prevailing party shall be entitled to an award of <br />reasonable attorney's fees and costs. <br />5.8 All notices, requests, demands, and other communications which are required to <br />be given under this agreement shall be in writing and shall be deemed to have been duly <br />given upon the delivery by registered or certified mail, return receipt requested, postage <br />prepaid thereon, as follows: <br />To PIDWorks: <br />Jon Snyder <br />PIDWorks, LLC <br />1808 W. V Street <br />Austin, Texas 78703 <br />To City: <br />Steve Parker <br />