Res 2009-153 - Laserfiche WebLink

Home Browse Search

prescribed by those authorities. CARTS will furnish written certificates of such coverage to the • City annually. The limits of any such insurance will not limit the obligation of CARTS under Section 15 below. 15. Indemni CARTS agrees, to the extent permitted by applicable law, to hold harmless, indemnify, and defend the City, its officers and employees from and against all claims for property damage, injuries and death arising out of or connected with CARTS' performance under this Agreement. 16. Governing Law and Venue This Agreement will be governed by the laws of the State of Texas, and mandatory venue for any legal dispute under this Agreement is in the State court in Hays County, Texas having jurisdiction over the dispute. 17. Notices Notices and approvals under this agreement are to be delivered personally; mailed by certified mail, or transmitted by confirmed facsimile to the recipient at the following addresses: CARTS: City of San Marcos: General Manager City Manager • 2010 E. 6"' Street 630 E. Hopkins Austin, TX 78702 San Marcos, TX 78666 Fax (512) 478-1110 Fax (512) 396-4656 Each party will notify the other of any changes in this address information. 18. Termination Either party may declare a default under this Agreement if the other party fails to comply with any of the terms of this Agreement. If one party determines that the other party is in default of this Agreement, the non-defaulting party will notify the defaulting party in writing of such default, and if the default is not cured within 30 days from the date of the notice, then the non- defaulting party may terminate this Agreement upon written notice. Either party may exercise its remedies for default in conjunction. with one another or separately, and together with any other statutory or common law remedies available to such party. Any failure by the non-defaulting party to enforce this Agreement with respect to one or more defaults by the defaulting party will not waive the non-defaulting party's ability to enforce the Agreement after that time. The City may terminate this Agreement for any reason by providing six months' advance written notice of termination to CARTS. If the City terminates for any reason other than a default by CARTS, CARTS shall be entitled to receive payments for expenses reasonably incurred in operating the System and winding down through the termination date stated in the • 4