Res 2011-034 - Laserfiche WebLink

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the City, the City may declare a default, terminate this Agreement immediately and pursue any remedies available at law and in equity for breach of this Agreement, including the applicable remedies under the Lease. 6.2 If the City declares a default, the City may request that any contracts, plans, drawings and specifications for the Project subject to assignment to the City be assigned to it and in such event, the HCWC shall effectuate the assignment within 15 days of receiving such request. 6.3 If the City declares a default for failure to complete the Project in accordance with the requirements of Article 2 or to continuously carry out the purposes and activities for the period of time provided in paragraph 2.9, the City may partially terminate the Lease as to the facilities associated with the default, subject to any applicable requirements of the Lease. 6.4 The HCWC will not be relieved of the liability to the City for damages sustained by the City by virtue of any breach by the HCWC of this Agreement and the City may withhold any payments to HCWC until the exact amount of monetary damages due the City from the HCWC is determined. ARTICLE 7 VENUE AND LEGAL REMEDIES 7.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 7.2 The HCWC will notify the City whenever a problem arises that may lead to legal action or claim against the HCWC that may adversely impact or result in cessation of the Project. The HCWC agrees to furnish to the City any information with respect to such action or claim. In such case, the City, in its discretion, may withhold payments under this Agreement until such time as the action or claim is resolved and the Project is no longer in jeopardy. 7.3 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 8 SUCCESSORS AND ASSIGNS The City and HCWC, 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. The HCWC will not assign any interest in this Agreement without the written consent of the City. E