Res 2011-049 - Laserfiche WebLink

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(f) The City of San Marcos is governed by the TEXAS PUBLIC INFORMATION ACT (THE "ACT "), CHAPTER 552 OF THE TEXAS GOVERNMENT CODE. This Agreement and all written information generated under this agreement may be subject to release under the Act. ITT will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. (g) The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. (h) In the event of a default or breach of this Agreement by ITT, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by ITT will not waive the City's ability to enforce the Agreement after that time. (i) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. (j) If applicable, ITT will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. (k) It is expressly agreed that ITT is an independent contractor and not an employee, agent partner or joint- venturer with the City. ITT will not pledge or attempt to pledge the credit of the City. (1) ITT, prior to execution and any future extension of this Agreement, furnish evidence as may be reasonably requested by Lessor to show ITT is financially capable of providing the services set forth in the Agreement. 20. Entire Agreement; Amendments This Contract represents the entire and integrated Contract between the City and ITT and supersedes all prior negotiations, representations or agreements either written or oral. This contract may be amended to include additional services, or for other reasons, by mutual consent of the parties. Any such amendment must be in writing and executed by both parties. 10