Res 2010-146 - Laserfiche WebLink

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2. In the event of a Termination Default by Operation under 10.2(a) or (b), the City shall give written notice of such default to the Operator specifying the reasons therefore. In such event, the Operation shall have thirty (30) days from the date of such notice to cure the default. If the Operator fails to cure such default to the satisfaction of the City, the City may terminate this Agreement upon written notice of termination. 3. The remedies specified in this Article 10.2 shall be in addition to and not in limitation or in lieu of all other remedies available to the City in Article 8, available at law or in equity. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.0.1 This Agreement is governed by and will be construed under the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 11.0.2 As to all acts or failures to act by either party to this Agreement, 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. 11.0.3 The Operator will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 11.0.4 The Operator hereby affirms that Operator and Operator's firm have 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 consultants to provide consulting services to the City within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code is not considered a valuable gift for the purposes of this Agreement. 11.0.5 In performing all services required under this Agreement, the Operator will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry or in any way be subjected to discrimination in the use of Airport facilities. The Operator will furnish services on a fair, equal and 35