Res 2008-076 - Laserfiche WebLink

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Section 6.5 Construction All references in this Contract to any particular gender are for convenience only and will be construed and interpreted to be of the neuter gender. The term "will" is mandatory in this Contract. Section 6.6 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 6.7 Compliance With Laws In performing this Contract, the Contractor, its subcontractors, successors and assigns will comply with all local, state and federal laws. Section 6.8 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 maybe subject to release under the Act. The Contractor shall 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 6.9 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 6.10 Contractor Name Change The Contractor is responsible for the performance of the Contract. In the event the Contractor changes its name, the Contractor will notify the City Manager in writing prior to the change taking effect, and the Contractor will publish notice of the change in a newspaper circulated in the contract area prior to the change taking effect. A fee of $100.00, payable to the City, will be charged the Contractor for administrative costs in processing each name change under this provision. The Contract will then be modified to reflect the change. Section 6.11 Force Majeure In the event that the performance by either party of any of its obligations under the Contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Section 6.12 Successors and Assigns; Assignment The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal 19