Res 2003-066 - Laserfiche WebLink

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6.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 6.7 All services provided pursuant to this Agreement are for the exclusive use and benefit of San Marcos. 6.8 The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under the Act. Harris shall not make any reports, information, data, etc., generated under this Agreement available to any individual or organization without the written approval of San Marcos. 7. NON-SOLICITATION 7.1 During the Term of this Agreement, neither San Marcos nor Harris shall solicit or offer employment to or retain as an independent contractor any of the Representatives of either Party, without the prior written approval of the other Party. 8. TERM AND TERMINATION 8.1 This Agreement shall conunence on the Effective Date and will remain in full force and effect until the complete delivery and acceptance by San Marcos of the initial system as identified in this Agreement. After that time, this Agreement will remain in effect as follows: a) The provisions of this Agreement regarding licensing and use of the Software shall remain in effect for as long as San Marcos continues to use the Software; h) This Agreement will renew automatically each year with respect to Harris' provision of maintenance of the Software in accordance with this Agreement, subject to appropriation of funds for that purpose in the annual budgets of San Marcos, and payment by San Marcos to Harris for the maintenance services; and c) Harris will remain obligated to San Marcos under the terms of warranties provided in this Agreement or otherwise applicable by law. 8.2 San Marcos may terminate this Agreement as to the continuation of maintenance of the Software in a future fiscal year of San Marcos, if funding for this purpose is not appropriated in the budget for the fiscal year. In such event, San Marcos agrees to provideHarris with at least forty-five (45) days' prior written notice of San Marcos' intent to terminate. 8.3 A Party may terminate this Agreement by providing forty-five (45) days prior written notice where the other Party has remained in material default in the performance of its duties, obligations or undertakings under this Agreement, and has not taken immediate steps to remedy such default within fifteen (15) business days following written notice of the specific default by the tem~inating Party. 8.4 A Party may terminate this Agreement immediately upon written notice where the other Party enters into liquidation, whether compulsory or voluntarily, or where a proceeding in receivership, 8