Res 2010-033 - Laserfiche WebLink

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of each calendar year to September 30th of the following calendar year. ARTICLE 6 MISCELLANEOUS PROVISIONS Section 6.1 Governing Law and Venue This Contract is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under this Contract is in Hays County, Texas. Section 6.2 Limitations As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. Section 6.3 Gratuities The Contractor hereby affirms that the Contractor has not made or agreed to make any valuable gift whether in the form of service, loan, thing or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of contractors to provide these Services to the city within the two years preceding the execution of this Contract. A campaign contribution as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Contract. The City may terminate this contract if the City finds that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this section, the City may collect, in addition to any other damages or remedies to which it may be entitled by law, exemplary damages in an amount not less than three or more than ten times the value of the gratuity offered or given to any city officer or employee. The City may terminate this contract if the City finds that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this section, the City may collect, in addition to any other damages or remedies to which it may be entitled by law, exemplary damages in an amount not less than three or more than ten times the value of the gratuity offered or given to any city officer or employee. Section 6.4 Partisan Political Activity [11]