Res 2012-077 - Laserfiche WebLink

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9.13 In the event that the performance by either the City or the Engineer 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. 9.14 In the event of a default or breach of this Agreement by the Engineer, 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 Engineer will not waive the City's ability to enforce the Agreement after that time. Neither the City nor TWDB will have any liability resulting from any failure of the Engineer that results in breach of this Agreement, property damage, personal injury or death. 9.15 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. 9.16 If applicable, the Engineer 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. 9.17 It is expressly agreed that the Engineer is an independent contractor and not an employee, agent partner or joint venturer with the City or the TWDB. The Engineer will not pledge or attempt to pledge the credit of the City. 9.18 It is the City's intent to be proactive with regard to the environment. The City encourages value purchasing of environmentally friendly products. The Engineer is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. ARTICLE 10 SUCCESSORS AND ASSIGNS 10.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. 10.2 The Engineer will notify the City, in writing, of any change in its partnership /ownership within 30 calendar days of such change. Direct Water Reuse Feasibility Study 2012 — Espey 12