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<br /> ÇS-¡1/\ <br /> NOTWITHST ANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER DYNIX, ITS <br /> AFFILIA TES,_- .,suBSIDIARIES, PARENT CORPORA nON, ANY OF ITS PARENT <br /> CORPORATIONS AFFILIATES OR SUBSID IARIES, INCLUDING THEIR OFFICERS, <br /> DIRECTORS, EMPLOYEES OR AGENTS, NOR D\'NIX SUPPLIERS, INCLUDING THEIR <br /> OFFICERS, DIRECTORS, E;\fPLOYEES OR AGENTS NOR THEIR SUBSIDIARIES, SHALL BE <br /> LIABLE TO OR THROUGH THE CITY FOR ANY INDIRECT, INCIDENT AL OR <br /> CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST <br /> REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN <br /> CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF WORK UNDER TIllS <br /> AGREEl\ŒNT AND ANY AMENDl\ŒNTS THERETO, OR THE PROVIS~ON, USE OR <br /> OPERATION OF THE SYSTEM OR SERVICES PROVIDED OR SOLD HEREUNDER, <br /> REGARDLESS OF THE FORM OF ACTION AND \VHETHER OR NOT SUCH DAMAGES ARE <br /> FORESEEABLE; <br /> THIS SECTION 17 SHALL SURVIVE FAILURE OF ANY EXCLUSrvE REMEDY. <br /> 18. INSURANCE <br /> ~uring the performance of this Agreement. DYNIX wiH maintain in full force and effect the foHowing <br /> Insurance coverage: <br /> A. Worker's Comp<::nsation <br /> Full Worker's Comp<::nsation in fuH compliance with applicable state statutes. <br /> B. General Liability Insurance <br /> DYNIX shaH provide sufficiently broad coverage to include: . <br /> General Liability Insurance <br /> Personal Injury Liability <br /> Motor Vehicle Liability (Non-O,-vned and Hired) <br /> The amount of the policy shall be no less than S 1,000,000 Single Limit per occurrence, issued by an <br /> insurer liceri~ to do business within the State of Texas. DYNIX shall cause THE CITY to be <br /> covered as an additional insured on all liability policies. <br /> DYNIX wiH have a Certificate of Insurance completed and filed with the Director of the Library for <br /> THE CITY within thirty (30) days of the execution of this Agreement. No canceIlation, change in <br /> coverage, or expiration by the insurance company or the insured shall occur during the term of this <br /> contract, without thirty (30) days written notice to THE CITY prior to the effective date of such <br /> cancellation or change in coverage. <br /> 19. SYSTEM MODIFICATION <br /> A. LIBRARY PARAMETERS <br /> The System aIlows authorized library staff to change most parameters without programmer <br /> intervention. These parameters may be modified by THE CITY without consulting DYNIX at any <br /> time. Library parameters include circulation rules, statistical category definitions, library hours, <br /> passwords, and so on. The complete list is contained in the Preinstall Guide and in the System <br /> Administrators Manual. <br /> THE CITY OF SAN MARCOS - PAGE 11 <br /> January 17, 1994 <br />