Res 2011-121 - Laserfiche WebLink

Home Browse Search

B. constructs, operates or maintains the Licensee's Facilities in violation of law or in aid of any unlawful act or undertaking; C. constructs, operates or maintains the Licensee's Facilities after any authorization required of the Licensee has lawfully been denied, suspended or revoked by any governmental or private authority; or D. fails to maintain all insurance coverage required under this Agreement in full force and effect, subject to cure within any applicable cure period. Section 21.02. The City will notify the Licensee in writing of any default. The Licensee will take action so that the default is corrected within the correction period stated in the notice. The Licensee will confirm in writing to the City within the correction period that the default has been corrected. If the Licensee fails to timely correct the default or deliver the required confirmation, the City may immediately terminate this Agreement in its entirety, or with respect to specifically identified Attachments of the Licensee. In the event of termination of this Agreement or of authorization for any specific Attachments, the City may direct the Licensee to remove the Licensee's Facilities under the terms of Article 11. Section 21.03. The City's pursuit of one or more remedies for any default by the Licensee will not constitute an election of remedies by the City. ARTICLE 22. TERM OF AGREEMENT Section 22.01. This Agreement will become effective upon its execution and, if not terminated in accordance with other provisions of this Agreement, will continue in effect for a term of five (5) years. Section 22.02. Upon application by the Licensee, this Agreement may be renewed by the City Council for additional successive terms by the City in accordance with the city charter, applicable laws, regulations, and the rules of the State of Texas. Section 22.03 At least six (6) months prior to the expiration of the Agreement, the Licensee shall inform the City Manager or designee in writing of its intent to seek renewal of the Agreement. During this time period, the parties may re- negotiate terms of the Agreement. A processing fee will apply to a renewal of the Agreement. Section 22.04. Upon determination by the City Manager or designee that the Licensee's performance is satisfactory, including payment of all access fees, a renewal, subject to the agreed re- negotiation of compensation and other terms, may be granted for a period of five (5) years. Section 22.05. City shall not unreasonably withhold renewal of the Agreement if it has reached agreement with Licensee on the terms and conditions of renewal and if Licensee is in substantial compliance with all terms set forth in this Agreement, including payment of all fees. Section 22.06. The Licensee's insurance and indemnity obligations under this Agreement will survive any termination of this Agreement until such time as the Licensee completes the removal of 21 CADocuments and Settings\tamara.slade\Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos PAA_FINAL_CLFAN_10 17 201 Ldocx