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<br /> -~ J'-IsJ <br /> 1 <br /> ! <br /> (20) SEVERABILITY. The provisions of this agreement are severable, and the invalidity <br /> of anyone or more provisions will not affect the validity of the remainder of this agreement. <br /> (21) GOVERNING LAW; VENUE. This agreement is to be construed under the laws <br /> of Texas, and exclusive venue for any legal dispute between the parties under this agreement <br /> shall be in the State court of appropriate jurisdiction in Hays County, Texas. <br /> -- <br /> PART Two " <br /> " , <br /> DISTRIBuTION" ANn STORAGE. OF <br /> , , <br /> CODES" AND SUPPLEl\fENTS, <br /> (1) OPTION A - CITY RETAINS REVENUE OF ALL CODES AND <br /> SUPPLEMENTS. Under this option the City is entitled to 100 % of the proceeds from the sale <br /> of all copies of the Code as set forth in this contract. These funds will be credited to the City's <br /> account or reimbursed to the City, whichever is desired. However, MCC offers to handle the <br /> sale and distribution within the City and to the public as outlined below. MCC's Direct <br /> Distribution Department is available to assist in soliciting orders for the new Code. <br /> , <br /> a) Order Fonns. MCC will prepare and print an order form which may be mailed <br /> to all potential subscribers of the new Code and Supplement Service. <br /> b) Mailing Service. MCC will mail copies of the Code and future Supplements <br /> to those persons subscribing to the new Code and Looseleaf Supplement Service. <br /> The copies required for use by the City will be shipped as requested by the City. <br /> c) Billing Subscribers. MCC will bill subscribers to the Looseleaf Supplement <br /> Service on an annual basis. A listing of all current subscribers will be furnished <br /> prior to annual billing of the subscribers. <br /> d) Storage. All, undistributed copies of the Code and future Supplements will be <br /> stored by MCC. All risk of loss or damage to the Codes and Supplements so <br /> stored will be assumed by MCC. <br /> (2) OPTION B - MCC AS TOTAL CODE MAt'\TAGER. Under this option, MCC will <br /> maintain an inventory of Codes and Supplements for sale to the public, over and above the <br /> number specified in this agreement for City use. MCC will be responsible for having available <br /> up-to-date copies of the City Code for purchase by current and future subscribers. MCC will <br /> be responsible for marketing the Code to existing or potential subscribers. <br /> All handling expenses and risk of future sales of the Code will be incurred by MCc. <br /> MCC will set the sale price for the Code and future Supplements, as approved by the City, and <br /> credit the City a ten percent (10%) to twenty percent (20%) commission depending on the <br /> selling price for each Code. <br /> 7 <br />