Res 1994-070 - Laserfiche WebLink

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l.fSD -5- ARTICLE 3 OWNERSHIP OF DQCOMENTS 3.1 All documents prepared by the AUCTIONEER in conjuction with each auction shall become the property of the CITY. ARTICLE 4 TERM OF AGREEMENT 4.1 The term of this Agreement shall be for one (l) year effective April 26, 1994 through April 25, 1995. The first auction conducted under this Agreement shall be conducted on .May 26, 1994 at the Hays County Civic Center. Any future auction dates and locations will be coordinated between the AUCTIONEER and the CITY. 4.2 This Agreement may be extended for two (2) additional one (1) year periods, provided all terms and conditions shall remain in full force and effect for the contract period being extended. This option, if exercised, is to be executed in the form of a contract amendment, to be issued no sooner than ninety (90) days prior to expiration of this Agreement, nor later than the final day of the contract period. This option to renew will require the mutual agreement of the AUCTIONEER and CITY. Refusal by either party to exercise the option to exteI1d shall cause this Agreement to expire on the original or mut~ally agreed upon date. The total period of this Agreement, including any extensions as a result of exercising this option, shall not exceed a maximum combined period of three years. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 5.2 Any statute of limitations applìcable to this Agreement shall commence to run and any alleged cause of action shall be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the basis for the action. 5.3 The AUCTIONEER will defend, hold harmless and indemnify the CITY and its officers and employees from any and all lawsuits, claims, demands and causes of action of any kind caused by the negligent or intentional wrongful acts, errors or omissions of the AUCTIONEER, its employees, subcontractors or agents. This shall include, but not be limited to, the amounts of judgments, penalties, interests, court costs, reasonable legal and expert witness fees, and all other expenses incurred by the CITY. 5_4 The AUCTIONEER will procure and maintain at AUCTIONEER's expense insurance in the kinds and amounts provided below with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by AUCTIONEER or