Res 1994-016 - Laserfiche WebLink

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~fq rental period. Should THE CITY choose to purchase the ENS product, the rental fees paid by THE CITY will be applied as---a.credit aginst the purchase price. 30. SEVERABILITY If any provision of this Agre~ment shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 31. SUBCONTRACTORS DYNIX may use subcontractors in connection with the work performed under this Agreement. In using subcontractors, DYNIX agrees to be responsible for all their acts and omissions to the same extent as if the subcontractors were employees of DYNIX. 32. GOVER..'i'ING LAW This Agreement shall be governed by the laws of the State of Texas. This Agreement is to be performed in Hays County. Texas. and mandatory venue for any legal dispute arising hereunder shall be in the state court located in Hays County. Texas having jurisdiction over the subject matter of the dispute. 33. NONDISCRIMINATION Neither DYNIX. nor any officer, agent, employee. servant or subcontractor of DYNIX shall discriminate In the treatment or employment of an individual or groups of individuals on the grounds of rnce, color, rehglOn. national origin. age. sex or disability unrdatt:d to job performance, e1ther directly, indirectly or through contractual or other arrangements. 34. AGREEt\.ŒNT EXTENSION AND MODIFICA nON CLAUSE The Agreement may be modified or extended in accordance with the following procedures: In the event that all parties to the Agreement agree that such changes would be of a aùnor and nonmaterial nature, such changes may be effected by a written statement which describes the situation and is signed, prior to the effectiveness. by both parties. [n the event that the changes are determined by either or both parties to the Agreement to be of a ma,jor or complex nature. then the change shall be by formal amendment of the Agreement signed by the parties and made a permanept part of the Agreement. 35. NON-APPROPRIA nON OF F1JNDS The payments to DYNIX by THE CITY related to the purchase and installation of the System are included in THE CITY's budget for the current fiscal year. Any payments to DYNIX by THE CITY related to maintenance services or additions or alterations of the Equipment which are not included in THE CITY's budget for the current fiscal year are subject to the appropriation of funds for that purpose by THE CITY's governing body in the budget for the then current fiscal year of THE CITY. THE CITY OF SAN MARCOS. PAGE [5 January 17, 1994