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<br />Any reuse without written verification or adaptation by Engineer for the <br />specific purpose intended ~li1l be at Owner's sole risk and without <br />1 i abi 1 i ty or 1 ega 1 exposure to Engi neer, or to Engi neer' s independent <br />professional associates and consultants; and Owner shall indemnify and <br />hold harmless Engineer and Engineer's independent professional <br />associates and consultants from all claims, damages, losses and expenses <br />including attorneys' fees arising out of or resulting therefrom. Any <br />such verification or adaptation will entitle Engineer to further compen- <br />sation at rates to be agreed upon by Owner and Engineer. <br /> <br />The Engineer may retain copies and/or reproducible my1ars of the <br />Engineering Documents for record purposes, <br /> <br />ARTICLE VI - Status of Parties <br /> <br />Each party hereunder is deemed to be an independent contractor, and <br />no party hereunder shall be deemed to be the agent of any other par'ty <br />hereto. <br /> <br />ARTICLE VI! - Applicable Laws and Venue <br /> <br />The construction "od interpretation of this Agreement shall be <br />under and in accordance with the Laws of the State of Texas, Venue fer <br />any matter arising out of this cgreernent is hereby testabl ished ane <br />agreed to be in Lamar County, Texas. <br /> <br />ARTICLE VIiI - Successors and Assigns <br /> <br />The within Agreement shall be binding upon Owner and Engineer and <br />their respective heirs, successors, executors, administrators and <br />assigns, Neither Owner nor Engineer may assign or transfer their respec- <br />tive rights or interests hereunder without the written consent of the <br />other except, however, that all accounts and moni es ea rned and accrued <br />to Engineer hereunder may be assigned by Engineer, <br /> <br />ARTICLE IX - Subcontracts <br /> <br />Engineer shall not subcontract any part of its services hereunder <br />without the prior wri tten consent of Owner. The contract pri ce in <br />subcontracts should, except as otherwise approved by Owner, be either a <br />lump sum or if on a cost plus basis, should be subject to a guaranteed <br />maximum amount. <br /> <br />No subcontract shall provide for advance payment or down payments <br />without the specific prior approval of Owner for each such subcontract. <br /> <br />4 <br /> <br />-...........~-,.."...-.:.,.._.~,.-:~, ." <br />