Res 2008-162 - Laserfiche WebLink

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Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect on the date it is signed on behalf of CAPCOG and it ends, unless sooner terminated under Art. 6, when the total value of funding or in-kind service, as set out in paragraph 3. 1, has been furnished by the City of San Marcos, or on September 30, 2009, whichever comes first. Art. 5. Nondiscrimination and Equal Opportunity 5.1. CAPCOG and the City of San Marcos shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, national origin, sex, age, disability, handicap, or veteran status . Art. 6. Early Termination of Contract 6.1. The City of San Marcos acknowledges that CAPCOG is a governmental entity without taxing power and agrees that CAPCOG may terminate this contract in whole or part if CAPCOG learns that funds to pay for the goods or services will not be available at the time of delivery or performance. 6.2. If M.J. Harden fails to perform its contract with CAPCOG, so that the 6-inch orthoimagery are not delivered to the City of San Marcos, CAPCOG may terminate this contract. 6.3. If CAPCOG or the City of San Marcos breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, either party may terminate the contract for breach or either party may invoke the dispute resolution process of Art. 7. 6.4. When authorized by Art. 6.1, 6.2, or 6.3, a party terminates this contract by notifying the other party of the termination date, which may be no earlier than 15 calendar days after the notice date. 6.5. Termination for breach under Art. 6.3 does not waive either party's claim for damages resulting from the breach. Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce CAPCOG CONTRACT FOR GEOMAP 2009 ORTHOIMAGERY Page 2 of 5 CITY OF SAN MARCOS INTERLOCAL CONTRACT AND WORK ORDER