Res 2003-032 - Laserfiche WebLink

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Company in writing within a reasonable time after such fact is determined. City may terminate this contract and will not be liable for failure to make payments to Company under this contract. 2. City will not be liable to Company for any costs incurred by Company, or any portion thereof, which have been paid to Company or are subject to payment to Company, or have been reimbursed to Company or are subject to reimbursement to Company by any source other than City or Company. 3. City will not be liable to Company for any costs incurred by Company which are not allowable costs, as set forth in Section 6.A of this contract. 4. City will not be liable to Company for any costs incurred by Company or for any performances rendered by Company which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit 8, Exhibit C and Exhibit 0 of this contract. 5. City will not be liable to Company for any non-audit costs incurred by Company in the performance of this contract which have not been billed to City by Company within 60 days following termination of this contract, unless otherwise provided for in the Certificate of Completion referred to in Section 8.C of this contract. 6. City will not be liable for costs incurred or performances rendered by Company before the Date of Execution of this contract or after termination of this contract. 7. City shall not be liable for costs incurred and reserved on the Certificate of Completion, if such costs are not billed to City within 90 days after the contract's termination date. Audit funds reserved on the Certificate of Completion eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the City within 12 months after the end of Company's fiscal year that follows the termination date of this contract. City shall de-obligate all reserved funds not requested under this subsection. B. Excess Payments Company will refund to City any sum of money which has been paid to Company by City, which City determines has resulted in overpayment to Company, or which City determines has not been spent by Company strictly in accordance with the terms of this contract. No refund payment(s) may be made from local, state, or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. Such refund will be made by Company to City within 30 working days after such refund is requested by City. C. Limit of Liability and Contract Funds Defined The term "contract funds" as used in this contract means funds provided by City under the CDBG RLF program. The term "Company's funds" as used in this contract means funds provided by Company and any other funds used by Company to complete the project described in Exhibit A, Performance Statement. Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by City under this contract (the "contract funds") shall not exceed the sum of $250,000.00. SECTION 5. METHOD OF PAYMENT Company shall submit to City at City's offices in San Marcos, Hays County, Texas, a properly )mpleted Request for Advance or Reimbursement Form, as specified by City, as often as actually needed. City will determine the reasonableness of each amount requested and will not make disbursement of any such payment until City has reviewed and approved such Request. Each Request for Reimbursement RLF Contract Page 2