Res 2011-072 - Laserfiche WebLink

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information. It will then be incumbent upon the Vendor to provide documentation to the Texas Attorney General to demonstrate that the information is a protected trade secret or that release of the document would cause substantial competitive harm to the Vendor. 9.13 The captions or headings of the paragraphs included in this Agreement are for convenience of reference only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement and will not will not be given any consideration in the construction of this Agreement. 9.14 In the event that the performance by either the City or the Vendor of any of its obligations under this Agreement is interrupted or delayed by events outside of their reasonable control including, without limitation, acts of God, any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; or civil commotion provided, that written notice thereof must be given by such Party to the other Party within ten (10) days after occurrence of such cause or event, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events 9.15 In the event of a default or breach of this Agreement by the Vendor, 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 the Vendor will not waive the City's ability to enforce the Agreement after that time. 9.16 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. 9.17 If applicable, the Vendor 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. 9.18 It is expressly agreed that the Vendor is an independent contractor and not an employee, agent partner or joint venturer with the City. The Vendor will not pledge or attempt to pledge the credit of the City. The Vendor will have no power or authority under this Agreement to bind the City in any respect. Nothing in this Agreement will be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Vendor are employees, agents, contractors or subcontractors of the Vendor and not of the City. The City will not be obligated in any way to pay any wage claims or other claims made against Vendor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement. 13 Web Redesign and Content Management System