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Ix. <br />Right to Inspect Records <br />CONSULTANT agrees that CITY shall have access to and the right to <br />examine any books, documents, papers and records of CONSULTANT involving <br />transactions relating to this Contract. CITY shall give CONSULTANT reasonable <br />advance notice of intended audits. <br />CONSULTANT further agrees to include in subcontract(s), if any, a <br />provision that any subcontractor agrees that CITY shall have access to and the <br />right to examine any directly pertinent books, documents, papers and records of <br />such sub -contractor involving transactions to the subcontract. CITY shall give <br />any such sub -contractor reasonable advance notice of intended audits. <br />X. <br />Successors and Assi ns <br />CITY and CONSULTANT each bind themselves and their successors, <br />executors, administrators and assigns to the other party to this contract and to the <br />successors, executors, administrators and assigns of such other party in respect <br />to all covenants of this Contract. Neither CITY nor CONSULTANT shall assign or <br />transfer its interest herein without the prior written consent of the other. <br />XI. <br />CONSULTANT's Liability <br />Acceptance of the final work products by the CITY shall not constitute nor <br />be deemed a release of the responsibility and liability of CONSULTANT. <br />XII. <br />INDEMNIFICATION <br />CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE <br />ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS THE <br />CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH <br />THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL <br />LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, <br />DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR <br />SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM <br />CONSULTANT'S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE <br />CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR <br />OMISSIONS OF CONSULTANT OR CONSULTANT'S SUBCONTRACTORS AND <br />THE OFFICERS, AGENTS OR EMPLOYEES OF EITHER CONSULTANT OR <br />CONSULTANT'S SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") <br />SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § <br />271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). <br />Professional Services Contract <br />McDoux Preservation LLC Page 6 of 18 <br />