Res 2006-035 - Laserfiche WebLink

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I I 1 be approved during the period of this contract except for unanticipated needs or events that may prevent such payments against this contract. However, the City cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the City extends from October I st of each calendar year to September 30th of the following calendar year." 4. The first sentence of Section 18.01 is hereby deleted in its entirety and replaced with the following: "To secure your obligations to us and our affiliates under this Agreement and any other related agreements described below, you irrevocably grant to us a lien (only to the extent, if any, you can do so as a municipal corporation under applicable law) against and security interest in any funds pertaining to the transactions contemplated by this /agreement now in our possession or that may come into our possession, whether due or to become due to you, together with the proceeds thereof, the Settlement Account, the reserve/security account and any other deposit account held by you with Bank or any other financial institution, whether now existing or established in the future, and in the proceeds of all those accounts, and any or your property held by us." 5. The third sentence of Section 20 is hereby deleted in its entirety and replaced with the following: "To the extent of the City's liability permitted under Texas law, you agree to indemnify and hold us and any third party providing services hereunder (Providers and Sponsors) and each Card Organization and said Card Organization's participants harmless from and against all losses, liabilities, damages and expenses (including attorneys' and collection fees and expenses) resulting from any breach of any covenant or agreement or any misrepresentation by you under this Agreement, or arising out of your or your employees' negligence, fraud or willful misconduct in connection with your Card transactions, use of or our services, otherwise arising from your providing of goods and services to Cardholders." 6. The first sentence of Section 22 a) of the Agreement is hereby amended by deleting "North Carolina" and replacing it with "Texas". 7. The last sentence of Section 22 b) is hereby deleted in its entirety and replaced with the following: "No action, regardless of form, arising out of or related to this Agreement may be brought by either party more than one (I) year after the cause of action has accrued." #990562 vI 2