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<br />AGREEMENT C-6-0069 <br /> <br />I <br /> <br /> <br />2 <br /> <br /> <br />3 <br /> <br /> <br />4 <br /> <br /> <br />5 <br /> <br /> <br />6 <br /> <br /> <br />7 <br /> <br /> <br />8 <br /> <br /> <br />9 <br /> <br /> <br />10 <br /> <br /> <br />II <br /> <br /> <br />12 <br /> <br /> <br />13 <br /> <br /> <br />14 <br /> <br /> <br />IS <br /> <br /> <br />16 <br /> <br /> <br />17 <br /> <br /> <br />18 <br /> <br /> <br />19 <br /> <br /> <br />20 <br /> <br /> <br />21 <br /> <br /> <br />22 <br /> <br /> <br />23 <br /> <br /> <br />24 <br /> <br /> <br />25 <br /> <br /> <br />26 <br /> <br />I. Force Maieure- Either Party shall be excused from performing its obligations under this <br />Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />commandeering of material, products, plants or facilities by the federal, state or local government; <br />national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of <br />such cause is presented to the other Party, and provided further that such nonperformance is <br />unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />J. Relationship of Parties- This Agreement does not and shall not be construed as creating <br />a relationship of joint ventures, partners, or employer-employee between the Parties. <br />K. Third Party Beneficiaries- There are no third-Party beneficiaries of this Agreement. This <br />Agreement is made and entered into for the sole protection and benefit of the Parties hereto, and no <br />other person or entity shall be a direct or indirect beneficiary of, or shall have any direct or indirect <br />cause of action or claim in connection with this Agreement. <br />L. Liabilities of Parties- No provision, covenant or agreement contained in this <br />Agreement, or any obligations herein imposed upon each Party nor the breach thereof, shall constitute <br />or create indebtedness or other financial obligation of any other Party within the meaning of any local, <br />State or Federal constitutional provision or statutory limitation. No Party shall have any obligation <br />whatsoever to repay any debt, financial obligation, or liability of any other Party. <br />M. Assiqnment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or <br />authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. <br />Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the <br />waiver of any right to consent to such subsequent assignment. <br />N. Record Keepinq- CITY shall keep and maintain accounts of AUTHORITY funding <br />payments made under this Agreement in accordance with the City's standard accounting practices, as <br />applicable. CITY shall keep and maintain accurate files of all contracts and all other public records <br /> <br />Page 13 of 26 <br />