Res 2011-153 - Laserfiche WebLink

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L. The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. M. In the event that the performance by either the City or the Consultant of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. N. In the event of a default or breach of this Agreement by the Consultant, 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 Consultant will not waive the City's ability to enforce the Agreement after that time. O. No waiver by either party hereto of any term or condition of this Agreement will be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. P. If applicable, the Consultant 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. Q. It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Consultant is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. ARTICLE 9 FEDERAL PROVISIONS Both the City and the Consultant acknowledge that the City may, in the future, receive reimbursement from the Federal government for work performed by the Consultant under this Agreement. Should the City receive any Federal funding for work performed by the Consultant under this Agreement, the following provisions will apply. In the event of a conflict between these provisions and the provisions of the remainder of the Agreement, these provisions will control. A. Disadvantaged Business Enterprises. 1. Policy. It is the policy of the U.S. DOT that disadvantaged business enterprises (DBE) as defined in 49 CFR Part 23 will have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this I