Res 1998-022 - Laserfiche WebLink

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costs which can be mitigated through the sale of supplies or inventories. In the event City pays for the cost of supplies or materials obtained for use under this Contract, these supplies or materials will become the property of City and will be delivered to the FOB point shown in the Contract, or as designated by the Purchasing Manager. 5.4 Contract time will be extended for inclement weather, holiday disruption of manufacturing, or holiday disruption of shipping or in any event that causes delay beyond the City's or WHECO's control. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 This Contract is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Contract is in Hays County, Texas. 6.2 As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 6.3 The City may terminate this contract if the City's Ethics Review Commission finds, after notice and hearing, that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by WHECO or any agent or representative of WHECO, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending,.or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this section, the City may collect, in addition to any other damages or remedies to which it may be entitled by law, exemplary damages in an amount not less than three (3) nor more than ten (10) times the value of the gratuity offered or given to any city officer or employee. 6.4 In performing the services required under this Contract, WHECO will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. 6.5 WHECO will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, disability, or national origin. 6.6 All references in this Contract to any particular gender are for convenience only and will be construed and interpreted to be of the neuter gender. The term "will" is mandatory in this Contract. 6.7 Should any provision in this Contract be found or deemed to be invalid, this Contract will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Contract are declared to be severable. 6