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<br /> I fÞ <br /> 3. The terms of this Agreement will take precedence over the terms of any present or prior <br /> agreement covering the same subject matter between Client and QIV. In addition, this <br /> Agreement supersedes all oral or written proposals and other communications between <br /> parties relating to the subject matter of this Agreement. <br /> 4. In the case it is determined by a court of competent jurisdiction that any provision herein <br /> contained is illegal or unenforceable, such determination shall solely affect such provision <br /> and shall not impair the remaining provisions of this Agreement. <br /> 5. This Agreement shall be governed and construed in accordance with the laws of the <br /> State of Texas. <br /> 6. This Agreement shall be binding upon and inure to the benefit of Client and QIV and <br /> their respective successors and assigns; provided, however, that neither party shall assign <br /> this Agreement without the express written consent of the other party. <br /> . ~. <br /> 7. Neither QIV nor anyone with whom QIV contracts for services under this Agreement <br /> shall discriminate against any person in employment practices on the basis of race, color, <br /> sex, religion, age, disability, national origin or ancestry. <br /> 8. It is expressly agreed that QIV is not an agent of the Client, but an independent <br /> contractor. QIV shall not pledge or attempt to pledge the credit pf the Client. <br /> 9. QIV agrees to indemnify, hold harmless and defend the City, its officers and employees <br /> from and against all claims and actions for damages or injuries resulting from the <br /> negligence or intentional misconduct of QIV, its officers, agents or employees in the <br /> performance of this Agreement. <br /> Signed on ill! , 19 '7<; . <br /> <br /> CLIENT: CITY OF SAN MARCOS Q.I. V. SYSTEMS, INC. <br /> , <br /> By: .Ý7l/'A- / ¿/ £Þl, By:¿LJ ê'~ y ----- <br /> LARRÝ D. GILLEY \J RICK C. ALVAREZ <br /> V.P. Marketing <br /> Title: CITY MANAGER <br /> Address: 630 E. Hopkins 4538 Centerview Dr. Suite 132 <br /> San Antonio, Texas 78228-1304 <br /> San Marcos. TX 78666 <br /> <br /> -5- <br />