Res 2000-226 - Laserfiche WebLink

Home Browse Search

assigns will comply with all local, state and federal laws. 9.13 The City, County and SMCISD are 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 Auctioneer shall not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City for information generated by or for the City, the County for information generated by or for the County or the SMCISD for information generated by or for the SMCISD. ARTICLE 10 SUCCESSORS AND ASSIGNS 10.1 The City, County, SMCISD and the Auctioneer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parties to this Agreement and to the partners, successors, assigns and legal representatives of such other parties with respect to all covenants of this Agreement. Neither the City, County, the SMCISD nor the Auctioneer will assign, sublet or transfer any interest in this Agreement without the written consent of the others. ARTICLE 11 EXTENT OF AGREEMENT 11.1 This Agreement represents the entire and integrated Agreement between the City, the County, the SMCISD and the Auctioneer and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument approved by the governing bodies of the City, the County and the SMCISD and signed by the City, County, SMCISD and Auctioneer. 11.2 Nothing in this Agreement will be construed to give any rights or benefits to anyone other than City, County, SMCISD and Auctioneer. ARTICLE 12 COMPENSATION 12.1 The City, the County, and the SMCISD will compensate Auctioneer 9% of their respective gross proceeds for each auction. Auctioneer will deliver a cashier's check to the City for its proceeds minus the 9% Auctioneer's fee, and will deliver a cashier's check to the County for its proceeds minus the 9% Auctioneer's, and will deliver a cashier's check to the SMCISD for its proceeds minus the 9% Auctioneer's fee no later than ten banking days after each auction. Auctioneer will also present both the City, the County and the SMCISD with an invoice for Auctioneer's commission for each party's proceeds no later than the second bank day after each auction. The Auctioneer's expenses for travel, office, production and other expenses associated directly or indirectly with this Agreement are 12