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Texas Local Government Code section 271.904(a). CONSULTANT'S liability under this provision shall <br />be limited to the total dollar amount of this Contract. <br />CITY's remedies for CONSULTANT's failure to perform its services in accordance with the <br />Standard of Care or other material breach under this Contract (after notice and an opportunity to cure) <br />shall be one or more of the following remedies which may be exercised separately or in combination at <br />CITY's sole exclusive choice: <br />(a) Reserved; <br />(b) Re -performance of those services not in accordance with the Standard of Care at no extra <br />charge to CITY; or, <br />(c) Monetary damages in an amount not to exceed the greater of: <br />(1) The amount of any applicable insurance coverage CONSULTANT is required to <br />purchase and maintain under this Contract plus any deductible amount to be paid by <br />CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT <br />has actually purchased and maintained said coverage; or, <br />(2) The total dollar amount of this Contract. <br />The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information <br />shall survive termination of this Contract. Notwithstanding any term or condition to the contrary, <br />CONSULTANT shall not be liable for the acts, errors, or omissions of CITY, its agents, employees, <br />contractors or consultants of any tier, or any person or entity under their supervision or control. <br />IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE <br />PROJECT TO BOTH THE CITY AND CONSULTANT, THE RISKS HAVE BEEN ALLOCATED <br />SUCH THAT THE CITY AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, <br />CONSULTANT'S TOTAL LIABILITY TO THE CITY FOR ANY AND ALL INJURIES, CLAIMS, <br />LOSSES, EXPENSES, DAMAGES, OR CLAIM EXPENSES ARISING OUT OF THIS CONTRACT <br />OR THE SERVICES FROM ANY CAUSE OR CAUSES, WHETHER ARISING OUT OF <br />CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR ANY OTHER <br />LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE CONSULTANT'S AVAILABLE <br />AMOUNT OF PROFESSIONAL LIABILITY INSURANCE. <br />XV. <br />Chanes <br />CITY may, from time to time, require changes in the scope of services to be performed under this <br />Contract. Such changes as are mutually agreed upon by and between CITY and CONSULTANT shall be <br />incorporated by written modification to this Contract. <br />XVI. <br />Conflict of Interest <br />CONSULTANT covenants and agrees that CONSULTANT and its associates and employees will <br />have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner <br />with the performance of the services called for under this Contract. All activities, investigations and <br />other efforts made by CONSULTANT pursuant to this Contract will- be conducted by employees, <br />associates or subcontractors of CONSULTANT. <br />Architectural Services Contract <br />WRA Architects, Inc. Page 7 of 16 <br />