Res 2011-094 - Laserfiche WebLink

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10.14 In the event of a default or breach of this Agreement by the Contractor, 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 Contractor will not waive the City's ability to enforce the Agreement after that time. 10.15 If applicable, the Contractor 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. 10.16 It is expressly agreed that the Contractor is an independent contractor and not an employee, agent partner or joint venturer with the City. The Contractor will not pledge or attempt to pledge the credit of the City. 10.17 It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Contractor is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. ARTICLE 11 SUCCESSORS AND ASSIGNS 11.1 The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Contractor will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other, which consent will not be unreasonably withheld, and in event of any such assignment both the City and the Contractor will remain liable for their respective duties. However, the Contractor may assign the Agreement, after 30 calendar days prior written notice, to an affiliate or an entity that has purchased all or substantially all of contractor's assets. Any work or services subcontracted under this Agreement will be specified by separate written agreement and will be subject to each provision of this Agreement. 11.2 The Contractor will notify the City, in writing, of any change in its partnership /ownership within a reasonable time after a change in partnership /ownership, but not later than 30 calendar days from the date of such change. Telecommunications Services Agreement 2011 19