Res 1997-076 - Laserfiche WebLink

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- }//tt agreement of the Auctioneer, City and County. Refusal by any party to exercise the option to extend will cause this Agreement to expire on the original or mutually agreed upon date. The total period of this Agreement, including any extensions as a result of exercising this option, will not exceed a maximum combined period of three years. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 8.2 The City, County and Auctioneer represent to each other that each party has the full power to enter into and to perform its respective obligations under this Agreement. As between the City and County, this Agreement is entered into under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. 8.3 As to all acts or failures to act by either party to this Agreement, 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. 8.4 The City and County will indemnify and hold harmless the ~ach other and their respective employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the other occurring in the course of performance of this Agreement. 8.5 The Auctioneer will indemnify, hold harmless and defend the City and County and their employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the Auctioneer, its employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the City or County arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property, and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Auctioneer and/or its agents and/or employees. This Agreement by Auctioneer will not be limited by reason of the specification of any particular insurance coverage in this Agreement. Auctioneer will procure and maintain at its expense insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Auctioneer's agents or employees. Before commencing any work the Auctioneer will furnish to both the City and County a certificate or certificates in form satisfactory to the 8