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<br />~ <br /> <br />G. Nothing contained in this Agreement shall create a contractnal relationship with or a cause of action <br />in favor of a third party against either the Owner or Construction Manager. <br /> <br />H. Unless otherwise provided in this Agreement, the Construction Manager and the Construction <br />Manager's consultants shall have no responsibility for the discovery, presence, handling, removal <br />or disposal of or exposnrc of persons to hazardous materials in any fonn at tile Project site, including <br />but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic <br />substances. <br /> <br />I. This Agreement shall not be construed to limit the rights and authorities of the Texas Department <br />of Transportation to inspect the work-in-progress both during the project development and during <br />actual construction, and to administer Federal Highway Administration grant funding, or any other <br />funding. <br /> <br />X. EXECUTION <br /> <br />This Agreement is entered into this 6 th day of <br /> <br />May <br /> <br />, t999. <br /> <br />OWNER: <br /> <br />Charles H. Neeley, Mayor <br /> <br />A 1TEST: <br /> <br />Mattie Cunningham. City Clerk <br /> <br />APPROVED AS TO FORM: ' <br /> <br />Scott P. Foster, City Attorney <br /> <br />CONSTRUCTION MANAGER: <br /> <br />Joan E. Moore, President <br /> <br />Construction Manager Contract <br /> <br />Page 12 <br />