Res 2010-011 - Laserfiche WebLink

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the useful life of the facilities constructed, except as otherwise approved by the City. 5.2 Any prevention or delay in performance of an obligation under this Agreement by either Party due to strikes, lock outs, labor disputes, acts of God, unusually severe weather, the elements, inability to obtain labor or materials or reasonable substitute therefor, governmental restrictions, governmental regulations, governmental controls, judicial decisions, orders or decrees, enemy or hostile government action, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention or delay or stoppage. Both Parties shall use reasonable efforts to overcome whatever may be impeding their performance of any obligation hereunder. ARTICLE 6 DEFAULT AND TERMINATION 6.1 If the Village fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the Village will have 30 days from the date it receives written notice from the City directing it to cure or correct the defects or failures to comply. Should the Village fail to cure or make corrections as directed by the City, the City may terminate this Agreement immediately and pursue any remedies available at law and in equity for breach of this Agreement. 6.2 The Village will not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Village and City may withhold any payments to Village until the exact amount of monetary damages due the City from the Village is determined. ARTICLE 7 VENUE AND LEGAL REMEDIES 7.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 7.2 The Village will notify the City whenever a problem arises that may lead to legal action or claim against the Village that may adversely impact or result in cessation of the Village Main Project. The Village agrees to furnish to the City any information with respect to such action or claim. In such case, the City, in its discretion, may withhold payments under this Agreement until such time as the action or claim is resolved and the Village Main Project is no longer in jeopardy. 7.3 In addition to the remedies under Article 6, the City may pursue any other remedy available at law or in equity for breach of or failure to perform under this Agreement by the Village. Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. 4