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title, and interest in the methodologies, trade secrets, and know-how employed by PTI with regard to the Services. Client acknowledges that other work products and deliverables produced by PTI may be substantially similar to work products produced hereunder. 7. Warranties; Limitation of Damages. PTI expressly warrants and represents that a) all information provided by PTI in its proposal to the Client is true and correct, b) PTI will comply with all applicable federal, state and local laws pertaining to this Agreement, c) all services performed by or for PTI under this Agreement will be performed on a timely basis, and in a good, professional, and workmanlike manner by persons having specialized skill and knowledge as to the services being performed, and d) PTI will not engage in employment practices which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, age, disability, national origin, or ancestry. Otherwise, PTI makes no warranties, express or implied, with regard to the services. PTI expressly disclaims all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall PTI be liable for incidental or consequential damages. 8. Notices. Any notice or other communication required or which may be given hereunder shall be in writing and shall be delivered personally, sent by facsimile with proof of delivery and a confirming telephone call, or sent by certified, registered or express mail, postage prepaid, and shall be deemed given when so delivered or if sent by certified, registered or express mail, three days after the date of mailing, as follows (or to such successor entity or such new address as a party may notifY to the other): If to PTI: Pacific Technologies of Washington, Inc.. Attention: Michael S. Silverman 14711 NE 29th PI., Ste. 216 Bellevue, W A 98007 If to Client: City of San Marcos Attn: City Manager 630 E. Hopkins Street San Marcos, TX 78666 9. Termination. Either Client or PTI may terminate this Agreement, in whole or in part, at any time, by giving the other party 21 days written notice. If the Agreement is so terminated, PTI shall be paid for all services performed to the date of termination including all reimbursable expenses incurred. 10. Insurance. PTI will procure and maintain insurance in full force and effect with bona fide insurance companies, covering all of PTI's activities under this Agreement, including those performed by PTI or by its agents or subcontractors. Before commencing activities under this Agreement, PTI must furnish insurance certificates in a form satisfactory to the Client that verify compliance with this provision. All certificates must provide that the coverage may not be canceled or materially altered without at least 30 days advance written notice to the Client. All coverages except for workers' compensation will name the Client as an additional insured. The kinds and amounts of insurance required are as follows: C:\TEMP\PTJ-UTlLITY BILLING RFP SERVICES. DOC 2