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<br /> ççc <br /> - . PURCHASE AGREEMENT <br /> This Agreement is made'and entered into by and bètween DYNIX, Inc. (hereinafter referred to as "DYNIX"), a <br /> Utah corporation having its offices at 400 West Dynix Drive, Provo, Utah 84604, and the City of San Marcos <br /> (hereinafter referred to as "THE CITY"), having its offices at 630 East Hopkins. San Marcos, Texas 78666. The <br /> term "DYNIX" shall refer to the company. its agents. and its sub-contractors. <br /> RECIT ALS <br /> WHEREAS. on July 29, 1993, DYNIX responded to a request for proposal (the "RFP") dated May 24, 1993, <br /> 1993, proposing to provide certain Equipment, Software. maintenance and related services to THE CITY, said <br /> request for proposal and DYNIX Response (the "Proposal") being on file in the office of the Director of the <br /> Library for THE CITY; and <br /> WHEREAS. THE CITY now desires to contract with DYNIX to obtain the Equipment, licenses to the Software, <br /> harúware: antI software: maintenance: and other se:rviœs úe:scri~ in the Proposal and DYNIX desires to contract <br /> with THE CITY to provide: said Equipment. license to the Software. hardware and software maintenance and the <br /> :;<::rviCès úe:scrib<::d in the proposal; <br /> NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings contained herein, the <br /> parties hereto hereby agree as follows: <br /> L FURNISHING OF EQUIPt\;ŒNT AND SOFTWARE <br /> Subject to the terms and conditions sd forth herein, DYNIX agrees to provide at locations specified by THE <br /> CITY. and THE CITY hereby agrees to purchase: <br /> . <br /> A. the Equipment listed on Rider B hereto (collectively the "Equipment") at the price listed on Rider B. <br /> B. the license for the use of the computer programs and related documentation listed on Rider C hereto <br /> (collectively the "Software") at the price specified on Rider C. <br /> C. the DYNIX services listed on Rider D at the prices specified on Rider D. <br /> D. the maintenance services listed in Rider J according to the payment schedule set out in Exhibits A, B, <br /> C, D, E and F of Rider J. <br /> 2. CONTRACT DOCUMENTS <br /> The contract documents are: <br /> A. LIBRARY's Request for Proposal dated May 24, 1993; (the "RFP"); <br /> B. Proposal Prepared by DYNIX, Inc. - dated July 29. 1993; (the "Proposal"); <br /> THE CITY OF SAN MARCOS - PAGE [ <br /> January 17. 1994 <br />