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X. <br />Successors and Assigns <br />CITY and CONSULTANT each bind themselves and their successors, <br />executors, administrators and assigns to the other party to this contract and to <br />the successors, executors, administrators and assigns of such other party in <br />respect to all covenants of this Contract. Neither CITY nor CONSULTANT shall <br />assign or transfer its interest herein without the prior written consent of the <br />other. <br />XI. <br />CONSULTANT's Liabilit <br />Acceptance of the final plans by the CITY shall not constitute nor be <br />deemed a release of the responsibility and liability of CONSULTANT, its <br />employees, associates, agents or consultants for the accuracy and competency <br />of their designs, working drawings, specifications or other documents and work; <br />nor shall such acceptance be deemed an assumption of responsibility by CITY <br />for any defect in the designs, working drawings, specifications or other <br />documents and work; nor shall such acceptance be deemed an assumption of <br />responsibility by CITY for any defect in the designs, working drawings, <br />specifications or other documents and work prepared by said CONSULTANT, its <br />employees, associates, agents or sub -consultants. <br />XII. <br />INDEMNIFICATION <br />CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO <br />WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD <br />HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND <br />AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND <br />AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, <br />COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, <br />PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, <br />OR RESULT FROM CONSULTANT'S PERFORMANCE UNDER THIS <br />CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL <br />ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONSULTANT OR <br />CONSULTANT'S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR <br />EMPLOYEES OF EITHER CONSULTANT OR CONSULTANT'S <br />SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") SUBJECT TO THE <br />LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS <br />CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). <br />BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE <br />PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE <br />Architectural 1 Engineering Services Contract <br />(Toole Design Group, LLC) Page 7 of 16 <br />