Res 2010-015 - Laserfiche WebLink

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remaining will be appropriated to eligible EECBG activities in compliance with the City's budgetary process. ARTICLE 9 TIME OF PERFORMANCE 9.1 The effective date of this Agreement is the 19th day of January, 2010 and the termination date will be the 30th day of September 2012. ARTICLE 10 PAYMENTS AND PROGRAM INCOME 10.1 The City agrees to grant to Subrecipient an amount not to exceed One Hundred Forty-Nine Thousand Fifty Dollars ($149,050.00) for services the Subrecipient performs in accordance with the Statement of Work, as delineated in Exhibit A, the Project Budget as delineated in Exhibit B of this Agreement, and in keeping with the record of expenditures. 10.2 The City will make payments to the Subrecipient following the Subrecipient's submission of completed, accurate pay requests with required documentation in conformance with Article 3 of this Agreement. 10.3 The receipt of program income under this Agreement is not anticipated. However, if the Subrecipient receives program income for any activity it performs under this Agreement, Subrecipient agrees to return eligible program income, if any, to the City. ARTICLE 11 ATTORNEY'S FEES 11.1 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. ARTICLE 12 VENUE AND LEGAL REMEDIES 12.1 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. 12.2 All obligations of the parties created in this Agreement are performable in Hays County, Texas. The parties hereby consent to personal jurisdiction in Hays County, Texas. 12.3 In addition to any other remedy available by law, it is specifically provided that either party may enforce this Agreement by specific performance in a court of competent jurisdiction. 12.4 The Subrecipient will notify the City whenever a problem arises that may lead to legal action or claim against the Subrecipient. The Subrecipient agrees to furnish to the City any information with respect to such action or claim. The Subrecipient will not take any action with respect to any legal action or claim sought against the Subrecipient without the advice and consent of the City. ARTICLE 13 SUCCESSORS AND ASSIGNS 13.1 The City and Subrecipient, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Neither the City nor the Subrecipient Agreement