Common use of Miscellaneous Terms Clause in Contracts

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor without the prior written approval of the City. F. The Vendor, its agents, employees, and sub-contractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx AstroTurf Corporation Attn: Xxxxx Xxxxx 0000 Xxxxxxxx Xxxx X.X. Xxx 0000 Xxxxxx, XX 00000 Xxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx The Engineer: Attn: W. Xxxx Xxxxxx, P.E. CEC P.O. Box 1000 Attn: Xxxxxxx Xxxxx and Xxxxx Xxxxxx Xxxxx, Xxxxx 00000 0000 Xxxxxx Xxxxxxx Xxxx Xxxxxxx Xxxxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver Revised – 09/2019 5 of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx: The FIRM: Xxxxxxx Xxxxx LLP P.O. Box 1000 000 Xxxxxxxx Xxx., Xxxxx 0000 Xxxxx, Xxxxx 00000 Xxxxxx, Xxxxx 00000 xxxxxxxx@xxxxxxx.xxx xxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 000-000-0000 (phone) 000-000-0000 (fax) C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor FIRM and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor FIRM without the prior written approval of the City. F. The VendorFIRM, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor FIRM must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor FIRM shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx Xxxx:‌ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service Provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The Vendorexhibits attached to this Contract are incorporated herein and shall be considered a part of this Contract for all purposes. G. The Service Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. H. Reimbursable or other miscellaneous expenses incurred by the Vendor Service Provider shall be included in the contract price; additional payment for such expenses will not be considered. H. I. The Vendor Service Provider shall apply basic safeguarding requirements and procedures to protect the VendorService Provider’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor Service Provider shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. Additionally, the parties agree to comply with the Health Portability and Accountability Act of 1996 and related regulations regarding protected health information that is created, received, maintained, or transmitted. As a healthcare entity, the Service Provider will take further measures to protect health related data as outlined in Exhibit D, HIPAA. I. X. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx Xxxxxxx & Xxxxxxxx, Inc. Attn: W. Xxxx Xxxxxx, P.E. Attn: Xxxxxxx Xxxxxxxxxx, P.E. P.O. Box 1000 0000 Xxxx Xxxxxxx Xxxx Xxxx Xxxxx, Xxxxx 00000 Xxxxxxx Xxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:The City of Xxxxx The Service Provider: Attn: Xxxxx Xxxxx, Facility Manager R.E.C. Industries, Inc. X.X. Xxx 0000 X.X. Xxx 0000 Xxxxx, Xxxxx 00000 Xxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. 14.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. 14.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: Attn: Xxxx Xxxxx HDR Engineering, Inc. X.X. Xxx 0000 Xxxxxxx Xxxx College Station, Texas 77842 00000 Xxxxxxx Xxx 000 Xxxxxx, Xxxxx 00000-0000 C. 14.03 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. 14.04 This Contract represents the entire and integrated agreement between the City and the Vendor Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. 14.05 This Contract and all rights and obligations contained herein may not be assigned by the Vendor Contractor without the prior written approval of the City. F. 14.06 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14.07 The VendorContractor, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of XxxxxCollege Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Contractor must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. 14.08 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx The Engineer: Attn: Xxxxxx Xxxxxxxxxx, Ph.D., P.E. Attn: Xxxxx Xxxxxx, P.E., BCEE P.O. Box 1000 00000-X Xxxxx Xxxxx Xxxx, Xxxxx 000 Xxxxx, XX 00000 Xxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part Xxxxx X. Xxxxxxx, City Attorney Xxxxx X. Xxxxxxx, Mayor By: Xxxxxx Xxxxxxxxxx, P.E., Ph. J. D Xxxx Xxxxx Xxxxxxx, City Secretary Director of Public Works Xxxx Register, City Manager Party of the Second Part By: Printed Name: Xxxxx X. Xxxxxx, P.E. Title: Vice President Date: Firm’s License No. TBPE No. F-3043 The parties acknowledge that they have read, understoodCity of Xxxxx (Bryan) currently has 12 water supply xxxxx in the Simsboro and Sparta Aquifers; ten actively used xxxxx and two inactive xxxxx. Aquifer Storage Recovery (ASR) has been identified as a viable water management strategy for the City. The recharge objective is to store surplus groundwater into a suitable aquifer(s) when demand is lower, and intend to recover the stored groundwater during periods of drought and high demand periods during the summer. An initial assessment of the hydrogeology in the vicinity suggests the Sparta, Queen City, and Xxxxxxx-Xxxxxx (Simsboro) Aquifers are potential subsurface formations that could be used for ASR. Relatively limited experience exists with the development of ASR systems in Texas, therefore prior to implementing a full scale ASR system, the City proposes to pilot test a single well. In order to reduce costs the City is considering retrofitting an existing well for testing. Well #10, one of two xxxxx which are currently inactive, has been identified as being potentially suitable. However prior to proceeding further, its suitability needs to be bound by more reliably confirmed. Well #10 intersects the terms Simsboro aquifer, and conditions although water withdrawn from this aquifer is hot (about 115 degrees Fahrenheit) and will require cooling prior to distribution, fortunately the City owns and operates a cooling and water treatment facility (Site) near this well. Preliminary discussions between the Engineer and City have therefore identified the location of this Contractthe cooling and treatment facility as viable for an ASR pilot study. Engineer proposes a phased approach for developing ASR as a water supply alternative for the City. The approach includes the following broad phases:  Phase 1 Initial Assessment - The Initial Assessment includes the collection and evaluation of existing data to identify the most feasible aquifer and site location for a pilot test as well as the development of a conceptual design for the pilot test.  Phase 2 ASR Pilot Test - Conduct an ASR pilot test to confirm the feasibility of the selected aquifer and site location for an ASR system. The pilot test would include retrofitting an existing well (if feasible) for pilot testing and/or monitoring, drilling and constructing an ASR pilot test well, associated monitoring xxxxx, pumping and injection testing, and pilot test data evaluation.  Phase 3 Refine ASR Strategy – Once the feasibility of an ASR project has been confirmed, collect additional field data (if necessary) to fill identified data gaps, conduct aquifer modeling to evaluate impacts of varying injection rates, injection location, annual withdrawals from the aquifer. More detailed water quality compatibility evaluations would also be conducted if recommended in the feasibility study.  Phase 4 ASR System Design and Construction  Phase 5 ASR Operation and Maintenance This proposal outlines the scope of work, schedule, and budget for conducting the Initial Assessment (Phase 1), and Single Well Pilot Study (Phase 2). It assumes that Well#10 is suitable for conversion. The implementation of Phase 2 and subsequent phases will be based on the results and recommendations from the Initial Assessment.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding disputes arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service Provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor The exhibits attached to this Contract are incorporated herein and shall be included in considered part of this Contract. In the contract price; additional payment for such expenses will not be consideredevent of a conflict between this Contract and any exhibits to this Contract, the provision of this Contract shall prevail. H. The Vendor Service Provider shall apply basic safeguarding requirements and procedures to protect the VendorService Provider’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor Service Provider shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx: The SERVICE PROVIDER: Attn: X.X. Xxx 0000 Xxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor SERVICE PROVIDER and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor SERVICE PROVIDER without the prior written approval of the City. F. The VendorSERVICE PROVIDER, its agents, employees, and sub-contractors Subservice Providers must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor SERVICE PROVIDER must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor SERVICE PROVIDER shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read. Xxxxx Xxxxxxx, understoodCity Attorney Date: Xxxxx XxXxxxxx, Fire Chief Date: Xxxx Register, City Manager Date: Xxxxx Xxxxxxx, Mayor Date: Xxxx X. Xxxxxxx, City Secretary Date: By: (SERVICE PROVIDERs – Corporate Seal) Printed Name: Title: Date: STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF § This instrument was acknowledged before me on the day of , 2015, by on behalf of . Notary Public in and for the State of Texas Service Providers Name - Proposal to the City of Xxxxx ( # Pages) Proposal for Provision of EMS Medical Director and Related Services RFP #15-051 Bryan Emergency Physicians (BEP) is a wholly-owned subsidiary of Emergency Service Partners, PLLC (ESP) whose corporate headquarters is at 0000 Xx Xxxxx, Xxxxx 000, Xxxxxx, XX. ESP is a physician owned company, founded in 1988, which provides Emergency Medical Services to 20 hospitals around the state of Texas including Level I Trauma centers such as University Medical Center at Brackenridge and Dell Children’s Hospital. ESP also conducts clinical research through its subsidiary, Hospital Physicians in Clinical Research, both in the hospital and pre-hospital setting. ESP employs over 300 Emergency Medicine physicians many of whom serve as EMS medical directors and/or clinical consultants around the state of Texas, including services such as Xxxxxx Xxxxxx County EMS, New Braunfels EMS, Burnet EMS, Canyon Lake EMS, and intend Xxxxxxxx EMS. Bryan Emergency Physicians (BEP) has been providing Emergency Medical Services for the St Xxxxxx Regional Health System since 1991. BEP employs 26 board certified Emergency Physicians many of whom are experienced in providing Medical Director Services for EMS systems. BEP maintains offices on the campus of St Xxxxxx Regional Health Center at 0000 X. 00xx Xxxxxx xx Xxxxx, XX. BEP has been providing EMS Medical Direction for the City of Xxxxx since 2012. During this time period the level of interaction between EMS personnel and their physician directors has dramatically increased. New, advanced protocols have been enacted improving the care that citizens of Bryan receive in the pre-hospital setting. For the first time, the department now receives in-the-field supervision of medical care by a BEP physician. BEP has also provided the opportunity for Bryan EMS personnel to rotate in the Emergency Department with a physician to improve their patient assessment and treatment skills. BEP also currently provides EMS Medical Director services to St Xxxxxx EMS, Xxxxxxxxx County EMS and Xxxxxx County EMS which allows for greater synergies in mutual support amongst these agencies. Project Manager for this engagement will be bound by Dr. Xxxxxxx Xxxxx, who currently serves as the terms Medical Director of the Emergency Services Department at St Xxxxxx Regional Health Center. Xx. Xxxxx is licensed in Texas, is a board-certified Emergency Physician who practices full time at St Xxxxxx Regional Health Center, and conditions is an Assistant Clinical Professor of this ContractEmergency Medicine at the Texas A&M Health Science Center. Xx. Xxxxx is a Fellow of the American College of Osteopathic Emergency Physicians and the American College of Emergency Physicians. He is a former EMT-B and a former Flight Surgeon in the US Air Force who has combat experience in Iraq during Operation Iraqi Freedom.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx Symmetry Turf Installations, LLC Attn: Xxxxx Xxxxx X.X. Xxx 000 (mailing) P.O. Box 1000 000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000 Xxxxx, Xxxxx 00000 Xx. Xxxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of TexasNorth Carolina. The parties agree that performance and all matters related thereto shall be in Brazos Durham County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, TexasNorth Carolina. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: Federal Parking Oracle Elevator 0000 Xxxx Xxxx Xxxxxxxxx. 0000 Xxx Xxxx Xxxxxx Xxxx Xxxxx 000, XX-0 Xxxxxxx, XX 00000 Xxxxxx, XX 00000 Xxxxxx0@xxxxxxxxxxxxxx.xxx xxxxxxxxxx@xxxxxxxxxxxxxx.xxx xxxxxxxxxx@xxxxxxxxxxxxxx.xxx C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City Federal and the Vendor Oracle and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Oracle without the prior written approval of the CityFederal. F. The VendorOracle, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of XxxxxFederal, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Oracle must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor Oracle shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx H2I Group, Inc. Attn: Xxxxx Xxxxx 00000 Xxxxxxx Xxxxxxx X. Xxxxx 000 I X.X. Xxx 0000 Xxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx The Engineer: Attn: W. Xxxx Xxxxxx, X.X. Xxxxxxx & Xxxxxxxx Inc. X.X. Xxx 0000 Attn: Xxxx Xxxxxxx, PhD, PE, PTOE, RSP_ Xxxxx, Xxxxx 00000 0000 Xxxx Xxxxxxx Xxxx Xxxx Xxxxxxx Xxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx The Engineer: Attn: W. Xxxx Xxxxxx, P.E. P.O. Box 1000 Bryan, Texas 77805 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have readH. All drawings, understood, specifications and intend other documents and electronic data furnished by the Engineer under this Agreement ("Work Product") are deemed to be bound by instruments of service and the terms Engineer shall retain all ownership interests therein, including, without limitation, copyrights and conditions all other common law, statutory and other proprietary rights. The Engineer hereby grants the City, upon the City's payment to the Engineer of all amounts due under the Agreement, a limited, non-exclusive, non-transferable license to use the Work Product solely for the purposes for which the Work Product was created. The City shall not use the Work Product on extensions of this Contractproject or on any other project or alter the Work Product without the Engineer’s prior written consent.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx The Engineer: Attn: W. Xxxx Xxxxxx, P.E. X.X. Xxx 0000 Xxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx Xxxxxxx & Xxxxxxxx, Inc. Attn: X. Xxxx Xxxxxx, P.E. Attn: Xxxxxxx Xxxxxxxxxx, P.E. P.O. Box 1000 0000 Xxxx Xxxxxxx Xxxx Xxxx Xxxxx, Xxxxx 00000 Xxxxxxx Xxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Engineer without the prior written approval of the City. F. The VendorEngineer, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx: The FIRM: Attn: X.X. Xxx 0000 Xxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor FIRM and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor FIRM without the prior written approval of the City. F. The VendorFIRM, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor FIRM must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor FIRM shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract Agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance Jurisdiction and all matters related thereto venue for any matter arising out of this Agreement shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the a court of competent jurisdiction located in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: If intended for CITY, to: Name: Xxxx Register Title: City Manager Address: Xxxx Xxxxxx Xxx 0000, Xxxxx, Xxxxx 00000 If intended for Consultant, to: Name: Xxxxxx X. Manchester Title: President Address: 0000 Xxxx Xxx Xxxx., Xxx. 0000, Xxxxxxx, Xxxxx 00000 C. No waiver by either party hereto of any term or condition of this Contract Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract Agreement represents the entire and integrated agreement between the City CITY and the Vendor Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract Agreement may only be amended by written instrument approved and executed by the parties. E. This Contract Agreement and all rights and obligations contained herein may not be assigned by the Vendor Consultant without the prior written approval of the CityCITY. F. The VendorConsultant, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Consultant must obtain all necessary permits and licenses required in completing the work and providing the services required by this ContractAgreement. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this ContractAgreement. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any adversarial proceeding arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses:: The City of Xxxxx Xxxxx Sports Lighting Attn: Xxxxx Xxxxx 000 0xx. Xxxxxx X X.X. Xxx 0000 X.X. Xxx 000 Xxxxx, Xxxxx 00000 Xxxxxxxxx, XX 00000 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Vendor Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor Service Provider without the prior written approval of the City. F. The VendorService Provider, its agents, employees, and sub-contractors subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Xxxxx, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Vendor shall be included in the contract price; additional payment for such expenses will not be considered. H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Vendor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended. Vendor shall include the substance of this subsection in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. J. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.