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character, name and description brought for or on account of any injuries or damages <br />received or sustained by any person, persons or property on account of the operations of <br />the Contractor, his agents, employees or subcontractors; or on account of any negligent <br />act or intentional wrongful act or omission of the Contractor, his agents, employees or <br />subcontractors in the performance of said contract; or on account of the failure of the <br />Contractor to provide the necessary barricades, warning lights or signs; and Contractor <br />and its sureties shall be required to pay any judgment, with cost including attorneys' fees, <br />which may be obtained against the City growing out of such injury or damage. The <br />Contractor likewise covenants and agrees to, and does hereby, indemnify and hold <br />harmless the City from and against any and all injuries, loss or damages to property of the <br />City during the performance of any of the terms and conditions of this Contract, whether <br />arising out of or in connection with or resulting from, in whole or in part, any and all alleged <br />acts or omissions of officers, agents, servants, employees, contractors, <br />subcontractors, licenses or invitees of the City. <br />VII. PERFORMANCE AND PAYMENT BONDS <br />With the execution and delivery of the contract, Contractor shall furnish and file <br />with the City in the amounts herein required, performance and payment bonds in <br />accordance with Section 2253 of the Texas Government Code and Article 7.19-1 of the <br />Insurance Code, as amended. The sureties shall be listed in the most current Federal <br />Register Treasury List. The City reserves the right to reject any and all sureties. <br />VIII. INDEPENDENT CONTRACTOR <br />Contractor covenants and agrees that Contractor is an independent contractor and <br />not an officer, agent, servant or employee of City; that Contractor shall have exclusive <br />control of and exclusive right to control the details of the work performed hereunder and <br />all persons performing same, and shall be responsible for the acts and omissions of its <br />officers, agents, employees, contractors, subcontractors and consultants; that the <br />doctrine of respondeat superior shall not apply as between City and Contractor, its <br />officers, agents, employees, contractors, subcontractors and consultants, and nothing <br />herein shall be construed as creating a partnership or joint enterprise between City and <br />Contractor. <br />IX. TERMINATION <br />City shall have the right to unilaterally terminate this agreement at any time and for <br />any reason upon thirty (30) days written notice to the Contractor. <br />X. CHOICE OF LAW; VENUE• CONTRACT�LNTERPRETATION <br />The parties agree that the laws of the State of Texas shall apply to this Agreement, <br />and that it is performable in Lamar County, Texas. The parties further agree that exclusive <br />venue shall lie in Lamar County Texas. <br />3 <br />