Res 2008-108 - Laserfiche WebLink

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D. Invalid Provisions: Should any provision in this Agreement be found or deemed to • be invalid, this Agreement 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 Agreement are declared to be severable. In case any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision thereof, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. Applicable Law: This Agreement will be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hays County, Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. F. Effect of Agreement. Nothing contained in this Agreement will authorize or permit a change in the office with whom or the place at which any document or record relating to the Election(s) is to be filed, or place at which any function of the canvass of the election returns is to be performed, or the officer to serve as custodian of voted ballots or other election records. G. Binding Effect. This Agreement shall take effect immediately upon execution by both parties hereof and shall inure to the benefit and be binding upon the administrators, successors and assigns of the Parties hereto. Article 7. Liability and Insurance The Officer and the City are each independent contractors of the other under the terms of this Agreement. Neither the City nor the Officer (on her behalf or on the behalf of the County) will be liable for the actions of, or the failure to act by, any employee, agent or officer of the other. The City will be responsible for the investigation of, response to, and defense of claims and causes of action arising from any act, omission or failure to act by the City under this Agreement. The Officer (on her behalf and on behalf of the County) will be responsible for the investigation of, response to, and defense of claims and causes of action arising from any act, omission or failure to act by the Officer under this Agreement. The City and the Officer (on behalf of the County) will obtain and maintain in full force and effect during this Agreement a policy or policies of insurance, or risk pool coverage in amounts sufficient to save, protect and insure their respective interests from and against any claim, cause of action or liability arising from their respective actions, omissions or failures to act. Article 8. Notice. Any notice provided for under this Agreement will be forwarded to the following addresses: 0 4