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XI.
<br />CONSULTANT's LiabilitN,
<br />Acceptance of the final plans by the CITY shall not constitute nor be deemed a release of the
<br />responsibility and liability of CONSULTANT, its employees, associates, agents or consultants for the
<br />accuracy and competency of their designs, working drawings, specifications or other documents and
<br />work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in
<br />the designs, working drawings, specifications or other documents and work; nor shall such acceptance be
<br />deemed an assumption of responsibility by CITY for any defect in the designs, working drawings,
<br />specifications or other documents and work prepared by said CONSULTANT, its employees, associates,
<br />agents or sub -consultants. Notwithstanding the foregoing or any term or condition to the contrary, the
<br />CONSULTANT shall be entitled to rely on and shall not be responsible for, the accuracy, completeness,
<br />and timeliness of, services and information furnished by the CITY and the CITY's employees, agents,
<br />consultants and contractors of any tier, and persons or entities under their supervision or control.
<br />XII.
<br />INDEMNIFICATION
<br />IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904(a),
<br />CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO INDEMNIFY AND HOLD
<br />HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN
<br />BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST LIABILITY FOR
<br />DAMAGE TO THE EXTENT THAT THE DAMAGE IS CAUSED BY AN ACT OF NEGLIGENCE
<br />INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY
<br />A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE CONSULTANT OR THE
<br />CONSULTANT'S AGENT, ITS CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
<br />OVER WHICH THE CONSULTANT EXERCISES CONTROL.
<br />XIII.
<br />Inde pendent Contractor
<br />CONSULTANT's status shall be that of an Independent Contractor and not an agent, fiduciary,
<br />servant, employee or representative of CITY in the performance of this Contract. No term or provision
<br />of or act of CONSULTANT or CITY under this Contract shall be construed as changing that status.
<br />CONSULTANT will have exclusive control of and the exclusive right to control the details of its services
<br />performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees,
<br />contractors, subcontractors and architects and the doctrine of respondeat superior shall not apply as
<br />between CITY and CONSULTANT, its officers, agents, employees, contractors, subcontractors and
<br />architects, and nothing herein shall be construed as creating a partnership or joint enterprise between
<br />CITY and CONSULTANT. CITY and CONSULTANT shall not be construed to be in any type of joint
<br />venture with respect to the scope of work set forth in this Contract.
<br />XIV.
<br />Default
<br />If at any time during the term of this Contract, CONSULTANT shall fail to commence its services
<br />in accordance with the provisions of this Contract or fail to provide its services in accordance with the
<br />Standard of Care or fail to use an adequate number or quality of personnel to perform its services as is
<br />consistent with the Standard of Care or fail to perform any of its obligations under this Contract in
<br />accordance with the Standard of Care, then CITY shall have the right, if CONSULTANT shall not cure
<br />any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by
<br />CITY shall not be deemed a waiver of any other right or remedy of CITY. If after exercising any such
<br />remedy due to CONSULTANT's nonperformance as set forth herein, the cost to CITY to complete the
<br />services to be performed under this Contract is in excess of that part of the Contract sum which has not
<br />theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall
<br />reimburse CITY for such excess but only to the extent caused by CONSULTANT in accordance with
<br />Architectural Services Contract
<br />WRA Architects, Inc. Page 6 of 16
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