2012-085 Council Resolution - Laserfiche WebLink

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• Termination. Any party may terminate its participation in this agreement at any time upon written notice provided however that the provisions of Articles II, III, and IV shall survive termination to the full extent needed for the protection of all parties. Waivers and Amendments. This Agreement may be amended or superseded, and its terms or covenants hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of the breach of any term or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or covenant contained herein. Updates to the term sheet attached as Exhibit "A" may be made annually by the City of Hugo with general consensus among participating cities to ensure proper management and coordination of the pool. Force Maieure. Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control, including but not limited to: severe weather and storms, earthquake or other natural occurrences, strike and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. Entire Agreement. It is understood and agreed that this entire Agreement contains, supersedes and replaces any and all agreements and negotiations, whether oral or written, between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below: THE CITY OF HUGO BY: Bryan Bear, City Administrator DATE: BY: Fran Miron, Mayor DATE: