Laserfiche WebLink
<br />AMENDMENT NO.1 <br /> <br />TO THE ON CALL SERVICE AGREEMENT <br />WITH DATA GENERAL SERVICE, INC. NO. 412152 <br /> <br />CITY' OF SAN MARCOS <br />(MV7800) <br /> <br />Whereas, by execution, of an agreement on this date, <br /> <br />the <br /> <br />City of San Marcos, Texas (CITY) did enter into a contract with <br />Data General Services, Inc. (DGS) for on-call maintenance service <br /> <br />for <br /> <br />said <br /> <br />City's <br /> <br />computer <br /> <br />equipment <br /> <br />DG <br /> <br />model <br /> <br />MV7800; <br /> <br />NOW, <br /> <br />THEREFORE, <br /> <br />It is understood and agreed by the parties hereto that the <br />following amendments are incorporated into the aforesaid agreement <br /> <br />and are subject to the terms and provisions of the contract, <br /> <br />except as stated below. <br /> <br />1. <br /> <br />A new section l2.D shall be added as follows: <br /> <br />Nothwithstanding any other provision of this Agreement DGS <br />shall be liable for actual, direct and reasonably foreseeable <br />damages caused by its negligence or intentional acts or the <br />negligence or intentional acts of its agents and employees. <br /> <br />2. <br /> <br />3. <br /> <br />Section 12.B shall be deleted in its entirety. <br />A new Section 16 shall be added as follows: <br /> <br />DGS hereby indemnifies and protects and holds harmless the <br />City and its officials and employees from any direct <br />liability which may be incurred by any negligent act or <br />omission which is the fault of DGS in connection with its <br />operations under this agreement. The City agrees to give DGS <br />prompt notice of any claim or suit, unless the City, <br />notwithstanding this Agreement, is partially liable because <br />of any negligent act or omission of the City, its' officers <br />or employees, in which case DGS shall have sole control only <br />of that part or portion of the claim or suit which is <br />indemnified under this agreement and the City shall have sole <br />control of any part of the claim or suit which is not <br />indemnified under this agreement. <br /> <br />In Wi tness Whereof, we, the contracting parties, by our duly <br />authorized agents, hereto affix our signatures and seals. <br /> <br />EXECUTED this 14 <br /> <br />day of <br /> <br />February <br /> <br />, 1989. <br /> <br />Attest: <br /> <br />91!: ,C'J)-1( ) <br />- .. .t)/J'2~-;/'è:(:.1. '/{}J'~ <br /> <br />J nis K. Womack <br />cfi ty Secretary <br /> <br />CITY OF SAN MARCOS <br /> <br /> <br />~~?~Û~ ~ ~tJt-iti~ <br /> <br />Data General ihc. <br /> <br />Attest: <br /> <br />~ () l;; <br />.. // '. / <br />"-I¡ (w'.;d ~ v , . /1 -? ;( <br />c7 /~ () <br />