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<br /> / I b(), <br /> (i) Purchase for the City the right to continue using the contested <br /> product(s), or <br /> (ii) Provide substitute products to the City which are, in the City's sole <br /> opinion, of equal or greater quality, or -< <br /> (iii) Refund all monies paid to the vendor for the product(s) subject to the <br /> court action. The vendor shall also pay to the City all reasonabk <br /> related losses related to the product(s) and for all reasonable expense <br /> related to the installation and conversion to the new product(s). <br /> D. Nondiscrimination by Vendor or Agents of Vendor. <br /> Neither the vendor nor anyone with whom the vendor contracts shall <br /> discriminate against any person in the employment practice on the basis of <br /> race, color, sex, religion, age, disability, national origin, or ancestry. A breach <br /> of this covenant may be regarded as a default by the vendor of the Agreement. <br /> E. Vendor as Independent Contractor. <br /> It is expressly agreed that the Vendor is not an agent of the City, but an <br /> independent contractor. The vendor shall not pledge or attempt to pledge the <br /> credit of the City. ~ <br /> F. Software Warranty. <br /> The vendor warrants that the software provided under this Agreement meets <br /> each of the requirements and representations described in the vendor's contract <br /> with the City. Should, after the date of the formal acceptance of the system <br /> by the City, errors or deficiencies be discovered, the vendor warrants that the <br /> defects shall be corrected, without charge to the City, for a period of one year. <br /> This correction may take the form of software additions, modifications, <br /> deletions or the provision of substitute software which meets the system <br /> functions as specified in this Agreement. All software additions, <br /> modifications and substitutions must integrate fully with other software <br /> packages on the system. <br /> G. Governing Law and Venue. <br /> This agreement shall be governed by the laws of the State of Texas. This <br /> Agreement is to be performed in Hays County, Texas, and mandatory venue <br /> for any legal dispute arising hereunder shall be in the state court located in <br /> Hays County, Texas having jurisdiction over the subject matter. <br /> H. Acknowledgements by Vendor. <br /> RFP 94-00 I <br /> Page 14 <br />