Laserfiche WebLink
<br /> I litE <br /> -6- <br /> the other. <br /> 10.02 This Agreement, including appendices and referenced <br /> attachments, constitutes the entire Agreement between the <br /> City and DBI on this subject and supersedes all other <br /> proposals, presentations, representations, and <br /> communications, whether oral or written, between the <br /> parties on this subject. <br /> lO.03 DBI, at its own expense, shall completely and entirely hold <br /> harmless, indemnify and defend the City from any claim or <br /> suit brought against the city involving an alleged <br /> violation of patents or copyrights resulting from DBI or <br /> city use of any software, documentation, and/or data <br /> developed in connection with the services and products <br /> described in this Agreement. The city will provide DBI <br /> with a written notice of any such claim or suit. The City <br /> will assist DBI, in reasonable ways, in the preparation of <br /> information helpful to DBI in defending the City against <br /> such a claim or suit. city retains the right to offset <br /> against any amounts owed DBI any such monies expended by <br /> the city in defending itself against such claims. Should <br /> a court order be issued restricting the City's use of any <br /> product, at the city's sole option DBI shal~, at DBI's sole <br /> expense, do the following: <br /> (i) Purchase for the city the right to continue using the <br /> contested product(s) , or <br /> (ii) Provide substitute products to the City, including <br /> installation, training and data conversion, which <br /> are, in the City's sole opinion, of equal or greater <br /> quality, or <br /> (iii) Refund all monies paj,d to DBI for the product(s) <br /> subject to the court action. <br /> 10.04 Neither DBI nor anyone with whom DBI contracts shall <br /> discriminate against any person in the employment practice <br /> on the basis of race, color, sex, religion, age, <br /> disability, national origin, or ancestry. A breach of this <br /> covenant may be regarded as a default by DBI of the <br /> Agreement. <br /> 10.05 It is expressly agreed that DBI is not an agent of the <br /> City, but an independent contractor. DBI shall not pledge <br /> or attempt to pledge the credit of the city. <br /> 10.06 This agreement shall be governed by the laws of the State <br /> of Texas. This Agreement is to be performed in Hays <br /> County, Texas, and mandatory venue for any legal dispute <br /> arlslng hereunder shall be in the state court located in <br />