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HomeMy WebLinkAboutContract 40548;REENMN.L CON .01,go m— TI3IS AGREEMENT (herein so called) is made and entered into effective June 1.2010 by and between North Texas Regional Library System ("Library System') and Fort Worth Public Library ("Library"). Library System and Library are sometimes hereinafter collectively referred to as the "Parties". INTRODUCTORY PROVISIONS WHEREAS, Library System has the opportunity to enter into an Agreement for Services (the "Contract") between Library System and LeamingExpress, LLC ("LeamingExpress"), whereby Library System would acquire a subscription for the use, by Library and other participating libraries, of the LeamingExpress online database ("Licensed Services"). A draft form of the Contract is attached hereto as Exhibit "A'; and WHEREAS, the Licensed Services are being offered to Library System's member libraries under the Contract at a rate discounted from LearningExpress' standard single -library pricing; and WHEREAS, Library System is willing to enter into the Contract for the benefit of Library and other participating libraries, conditioned upon, among other things, Library's agreement to pay the funds set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in the event Library System enters into the Contract, the Parties agree as follows: 1. Library agrees to pay Library System the amount of $19.595.00. in reimbursement of Library's share of Learning Express' fee for the Licensed Services for the term of the Contract. Library System shall remit that amount to LearningExpress. Such payment shall be due and payable upon receipt of an invoice for such amount from Library System. Payment shall be made to the address set forth at the end of this Agreement for Library System. Skv*e AVD M&r f4t INU NIN" go (rj PA`f*&9 Q14 g 2. Library stipulates and agrees that (i) Library System is entering into the Contract solely to acilitate better pricing to the Library for the Licensed Services, (ii) Library shall receive t c Licensed Services directly from LeamingExpress in accordance with the terms of the Contrac , (iii) Library System shall have no liability to Library for the performance of such Licensed Services and Library shall pursue any claims in connection with such Licensed Services directly from LeamingExpress, and (iv) Library shall not violate any terms and conditions of the Contract with respect to, without limitation, proprietary rights, and will promptly notify Library System in the event of any violation of the Contract by LeamingExpress, Library or its patrons. Library shall ' Library System from any liability in connection with Library's breach of this Agreement. urjaAJL t7 FU 1,L C,ly ,►43� A c sMc L I �(LA�t `1 S`1Sj£M �S 06UGMl�s,� `(D I N �'1`4N1�( L{ (CN1N(, (� �w s 1f N� PiRi�c��tQh �' OF TKf 7 kl '9 K 3. This agreement shall not extend past the expiration date of the Contract, unless extended by an agreement in writing executed by both Library System and Library. 4. Each of the signatories to this Agreement has full right and authority to execute and deliver this Agreement. This Agreement has been duly authorized, executed and delivered by each Party, and their respective obligations hereunder are not in contravention of any law, agreement or restriction to which either Party is subject. EXECUTED to be effective on the date first written above. Fort Worth Public Library NORTH TEXAS REGIONAL i IBRARY SYSTEM By: IfJ4 Adam Wrig t, Ex cutive Director E Address and Telephone: (817) At �,,k A SST e t'C`l MT02 nj " (�l�Z,j 11� 6320 Southwest Blvd., Suite 101 Fort Worth, Texas 76109 ($17)3774440 yAttested bv: I F OJ?)N�: 0 o°fioo' o+�'p y 000v -k 0 North Texas Regional Library System, Inc. 6320 Southwest Blvd, Suite 101 FortWorth, Texas 76109 Phone: 817.377.4440 800,85603050 March 30, 2010 Fort Worth Public Library 500 West 3`d Street Fort Worth, TX 76102 Dear Gleniece, Fax: 817.377.8020 800.85648020 Please find two agreements for Learning Express attached. Please sign both copies and send one back to the System Office. 1 need these back as soon as you can get them to me. If you should have any questions or concerns, please contact me. Thank you. Kindest Regards, Adam Wright Executive Director North Texas Regional Library System Bnard ofDireclors Joseph Br•cmvrer. Treasurer Barbaro Chrn_'er, Chub. Cecil Comer. Purlknnerrnn•iurr pan•icirr./e�ersnn. Secretor?• Rc¢•Sfephens. 67ce-CFurir, Darra F1'aurl lien Haas Bill Whiteside kur (lark 5 07-07-10 PO4�32 IN