Res 2011-099 - Laserfiche WebLink

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accessible by Licensee via FTP download within 10 business days to the City's FTP site in CSV format at no additional cost to the City. Section 11. Funding Out 11.1 The Licensee and SCPDC acknowledge that funding under this Agreement will be made from current revenues available to the Licensee, and that the Licensee's payment under this Agreement is in an amount that fairly compensates SCPDC for these services. Funds for the participation in this Agreement have been provided through the Licensee's budget approved by the San Marcos City Council for the current fiscal year only. Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The Licensee cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the Licensee extends from October 1 St of each calendar year to September 30 of the following calendar year. Section 12. Non- Assiiznment 12.1 Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by either party, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Section 13. Notices 13.1 Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be (a) delivered in person, (b) sent by first class registered mail, or air mail, as appropriate, (c) sent by overnight air courier, or (d) by facsimile, in each case properly posted to the appropriate address set forth below. Either party may change its address for notice by notice to the other party given in accordance with this Section. Notices will be considered to have been given at the time of actual delivery in person, three (3) business days after deposited the mail as set forth above, one (1) day after delivery to an overnight air courier service, or one (1) day after the moment of transmission by facsimile. To: South Central Planning and District Commission Address: 5058 West Main St. Houma, LA 70360 To: City of San Marcos Address: 630 E. Hopkins Street San Marcos, Texas 78666 Section 14. Miscellaneous 14.1 Viruses and Disabling Devices. Neither SCPDC Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain (i) any mechanism such as a "trap door ", "time bomb ", or "logic bomb ", software protection routine or other similar E