Laserfiche WebLink
<br />Any such notice so given shall be deemed to have been received by <br />the party to whom addressed on the day of delivery thereof. <br />(e) Entire Agreement. Each party acknowledges that it has read this <br />Agreement, understands it, and agrees to be bound by its terms and <br />further agrees that it is the complete and exclusive statement of the <br />agreement between the parties with respect to Services. Any terms <br />and conditions appearing on Customer's purchase orders or other <br />authorizations shall not apply to or become a part of this Agreement; <br />this Agreement may be modified or altered only by a written <br />instrument that refers to and incorporates this Agreement and is <br />duly executed by an authorized representative of each party. <br />(n Headings Not Controlling. Headings used in this Agreement are <br />intended for convenience or reference only and shall not control or <br />affect the meaning or construction of any provision of this <br />Agreement. <br /> <br />SECTION 7. FORCE MAJEURE <br />Neither party hereto shall be responsible for any failure or delay in the <br />performance of any obligation hereunder if such failure or delay is due to a <br />cause beyond the party's control, including, but not limited to acts of God, <br />flood, fire, volcano, war, third-party suppliers, labor disputes or governmental <br />acts. <br /> <br />DATED AND EXECUTED this <br /> <br />2 3 r d day of A 11 g 11 c::: t <br /> <br />CUSTOMER: <br />By: <br /> <br />City of San Marcos, Texas <br /> <br />L1~1~~ <br /> <br />Name: <br /> <br />(Please Print) <br />~~ City Manager <br />Address: 630 Eas t Hopkins <br />San Marcos, TX 78666 <br /> <br />SECTION 8. LIABILITY AND DISCLAIMER OF WARRANTY <br />ITRON'S AGGREGATE LIABILITY FOR DAMAGES TO CUSTOMER <br />SHALL NOT EXCEED THE TOTAL ANNUAL AMOUNT PAID BY <br />CUSTOMER TO ITRON HEREUNDER FOR THE APPLICABLE SERVICE. <br />IN NO EVENT SHALL ITRON BE LIABLE. WHETHER IN CONTRACT. <br />NEGLIGENCE. TORT, OR ON ANY OTHER BASIS, FOR COVER OR FOR <br />INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OF <br />DATA, REVENUE. SAVINGS OR PROFITS) OR EXEMPLARY DAMAGES <br />ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE <br />SALE, MAINTENANCE, USE, PERFORMANCE, FAILURE OR <br />INTERRUPTION IN THE OPERATION OF THE PRODUCTS. <br />ITRON OFFERS NO WARRANTIES CONCERNING THE SERVICES OR <br />ANY PRODUCTS. EXPRESS OR IMPLIED, INClUDlNG. BUT NOT <br />LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND <br />FITNESS FOR A PARTICULAR PURPOSE. <br /> <br />SECTION 9. ENGLISH LANGUAGE <br />The parties have expressly required that this Agreement be set forth and <br />executed in the English language. les parties aux presentes ont <br />expressment exige que la presente conventions soient redigees en la <br />langue anglaise. <br /> <br />1qqq <br /> <br />Phone Number: 512/393 - 8100 <br />Tax Exempt: No Yes V If yes, attach copy ofTax Exemption Certificate. <br />If a corporation or limited liability company, name the State or Province in which formed <br /> <br />3/29/99 <br />