Res 1989-013 - Laserfiche WebLink

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AMENDMENT NO.1 TO THE ON CALL SERVICE AGREEMENT WITH DATA GENERAL SERVICE, INC. NO. 412152 CITY OF SAN MARCOS (MV7800) Whereas, by execution, of an agreement on this date, the City of San Marcos, Texas (CITY) did enter into a contract with Data General Services, Inc. (DGS) for on-call maintenance service for said City's computer equipment DG model MV7800¡ NOW, THEREFORE, It is understood and agreed by the parties hereto that the following amendments are incorporated into the aforesaid agreement and are subject to the terms and provisions of the contract, except as stated below. 1. A new section 12.D shall be added as follows: Nothwithstanding any other provision of this Agreement DGS shall be liable for actual, direct and reasonably foreseeable damages caused by its negligence or intentional acts or the negligence or intentional acts of its agents and employees. Section 12.B shall be deleted in its entirety. 2. 3. A new Section 16 shall be added as follows: DGS hereby indemnifies and protects and holds harmless the City and its officials and employees from any direct liability which may be incurred by any negligent act or omission which is the fault of DGS in connection with its operations under this agreement. The City agrees to give DGS prompt notice of any claim or suit, unless the City, notwithstanding this Agreement, is partially liable because of any negligent act or omission of the City, its' officers or employees, in which case DGS shall have sole control only of that part or portion of the claim or suit which is indemnified under this agreement and the City shall have sole control of any part of the claim or suit which is not indemnified under this agreement. In Witness Whereof, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals. EXECUTED this day of , 1989. Attest: CITY OF SAN MARCOS Kathy M. Morris, Mayor Attest: