Res 2011-072 - Laserfiche WebLink

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defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. 9.5 In performing the services required under this Agreement, the Vendor will not discriminate against any person based on race, color, religion, sex, national origin, age, disability or ancestry. The Vendor agrees not to engage in employment practices, which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. The Vendor may regard the Vendor's breach of this covenant a default of the Agreement. 9.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 9.7 Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision and all other provisions, which are otherwise lawful, will remain in full force and effect, and to this end, the provisions of this Agreement are declared severable. 9.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. 9.9 In performing all services under this Agreement, the Vendor, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.10 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 9.11 The waiver by one Party of any term or condition of this Agreement, or any breach thereof, will not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 9.12 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. The Vendor 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. The City acknowledges that the Vendor deems its Service Level Agreement (SLA) included in Attachment A to be proprietary information and the City will contact the Texas Attorney General to request a ruling under Section 552.110 of the Texas Government Code if a request for release of the SLA is received by the City regarding protection of trade secrets and certain commercial or financial 12 Web Redesign and Content Management System