Res 1991-076 - Laserfiche WebLink

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Indemnification 9. The Public Agency agrees at its own expense to defend CAPCO, its governing body members, officers, and employees, against any claim, suit, or administrative proceeding, and to indemnify them against any liability (including all costs, expenses, and reasonable counsel fees incurred) arising out of an act or omission of the Public Agency's governing body member, officer, employee, or agent in carrying out this contract. General provisions lO. The Public Agency is not an employee or agent of CAPCO but carries out this contract solely as an independent contractor. 11. (a) Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the party personally: (2) on the date shown on the return receipt if mailed by certified mail, return receipt requested, to the party's address specified in subparagraph (b) and the receipt is signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first-clàss postagA affixed, addressed to the party's address specified in subparagràph (b). . (b) CAPCO's address is 2520 IH-35, South, Suite lOO, Austin, TX 78704, Attention: 9-1-1 Manager. The Public Agency's address is 630 E. Hopkins, San Marcos, Texas 78666 , Attention: Larry D. Gilley, Clty Manager . (c) A party may change its address spec i fied i.n subparagraph (b) by notifying the other party of the change in accordance with this paragraph. When the notice becomes effective, the changed address becomes the changing party's address. 12. This contract contains the entire agreement of the parties, and an amendment to it not ef~ective unless in writing and signed by both parties. 3