Res 1994-016 - Laserfiche WebLink

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5:5D - 21. CITY RESPONSIBILITIES THE CITY will provide adequate and timely support or information with regard to its administrative, o~rational and management procedures, and any data necessary to effectively complete installation or implementation of the System. Once the installation has Wen completed, THE CITY will manage and o~rate the System. 22. FOREIGN COl\.fPONENT INTERFACE THE CITY may add software for applications other than those supported by DYNIX provided that it notifies DYN IX in writing when it moUnts such software. DYNIX may bill THE CITY at its then-published rates for any consulting provided or assistance in dealing with the adverse effects on the system due to the foreign software. Tests of System ~rformance shall be conducted with only applications supplied by DYNIX. THE CITY shall be liable for the effects of such software on memory and disk storage. THE CITY is hereby authorized to attach to the System peripheral equipment supplied by a vendor other than DYNIX. DYNIX shall not bè responsible for maintaining equipment which THE CITY has purchased dsewhere. DYNIX must be notified in writing at the time such equipment is connected. The equipment shall bè disconnected when conducting performance tests. DYNIX may bill THE CITY at its then published rates for any consulting provided or services related to compatibility testing, installation, ongoing operation or advc:rse effect::; of such equipment THE CITY connects to the System. 23. ASSI GNl\.1ENT No assignment of this Agreement or any right or interest herein by either party shall be effectivè unless the other party shall tlrst give its written consent to such assignment. The ~rforinance of the Agreement by DYNIX is the essence of this Agreement. Notwithstanding, DYNIX may, without THE CITY's consent, assign this Agreement to an affiliate or subsidiary of DYNIX or its parent corporation. or assign its rights to receive payments hereunder. 2~. NO WAIVER No waIver of any hreach of any tc:rm or condition of this Agreement shall bè construed to waive any subsequent breach of the same or any other term or condition of this Agreement. .,- FORCE MAJEURE ' _:J. The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not bè liable for delays resulting from force majeure or other causes bèyond their reasonable control, including. but not limited to, compliance with any Government law or regulation. acts of God, acts of omission. fires, strikes, lockouts, national disasters. wars, riots. transportation problems and/or any other cause whatsoever bèyond the reasonable control of the parties. THE CITY OF SAN MARCOS - PAGE \3 January 17. 1994