Res 2006-030 - Laserfiche WebLink

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I I I Art. 5. Nondiscrimination and Equal Opportunity 5.1. CAPCOG and the City of San Marcos shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, national origin, sex, age, disability, handicap, or veteran status. Art. 6. Early Termination of Contract 6.1. City of San Marcos acknowledges that CAPCOG is a governmental entity without taxing power and agrees that CAPCOG may terminate this contract in whole or part if CAPCOG learns that funds to pay for the goods or services will not be available at the time of delivery or performance. 6.2. If Sanborn fails to perform its contract with CAPCOG, so that 6" orthoimagery and 2' contours are not delivered to City of San Marcos, CAPCOG may terminate this contract. ~ 6.3. If CAPCOG or the City of San Marcos breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, either party may terminate the contract for breach or either party may invoke the dispute resolution process of Art. 7. 6.4. When authorized by Art. 6.1, 6.2, or 6.3, a party terminates this contract by notifying the other party of the termination date, which may be no earlier than 15 calendar days after the notice date. 6.5. Termination for breach under Art. 6.3 does not waive either party's claim for damages resulting from the breach. Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 7, toll the statute of limitations, or seek an injunction, until they have exhausted the procedures set out in this Art. 7. 7.2. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. Page 2 of 5