Res 1992-062 - Laserfiche WebLink

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original documents prepared or obtained under the terms of this Agreement shall become the property of the CITY whether the Project is executed or not. However, CONSULTANT shall not be responsible, and liability is hereby waived by CITY against CONSULTANT, and CITY shall indemnify CONSULTANT from any and all losses, claims, demands and causes of action resulting from CITY's intentional, willful, and wanton illegal use of said plans, specifications and construction contract documents and/or the intentional, willful and wanton illegal use by others if CITY has knowledge of such use by others, and in such event, CITY will exercise its best efforts to notify CONSULTANT of such use by others. ARTICLE 8 ".rERIIIBATION OF AGREBIDœT 8.1 This Agreement may be terminated by either party upon fifteen (15) days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 This Agreement may be terminated at will by the CITY upon at least fifteen (15) days prior written notice to the CONSULTANT. 8.3 In the event of termination as provided in this Article, the CONSULTANT shall be compensated for all services performed to termination date which are deemed by CITY to be in accordance with this Agreement. Such amount shall be paid by the CITY upon the CONSULTANT's delivering or otherwise making available to the CITY, all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONSULTANT in performing the services included in this Agreement, whether completed or in progress. The expense of the reproduction of these items shall be borne by CITY. ARTICLE 9 IIISCRT.T.Jt.QOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement shall be in Hays County, Texas. -15-