1984-081-RES WHEREAS, the City of Paris, has need for professional services and Shimek, Jacobs & Finklea, 820 Dallas

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3. "Loss" means any and a 11 loss, damage, 1 i abil ity, or expense, whether incurred as a judgment, settlement, penalty, fine or otherwise (in- cluding attorney's fees and the cost of defense), in connection with any action, proceeding or claim, whether real or spurious, for injury, including death to any person or persons or damage to or loss of or loss of the use of property of any person, firm or corporation in- cluding the parties hereto arising or resulting out of the performance of services required pursuant to this Agreement. B. Professional Liability Indemnity Engineer hereby agrees to indemnify and hold The Owner harmless from any and all Loss caused or incurred as a result of the error, omission or negligent act of The Engineer in performance of the professional engin- eering services required pursuant to this Agreement, including such Loss as may be imposed upon Owner as a matter of Law by reason of any such error, omission, or negligent act of The Engineer. C. General Indemnity Engineer hereby agrees to indemnify and hold The Owner harmless from any and all Loss where Loss is caused or incurred in whole or in part as a result of the negligence or other actionable fault of The Engineer. It is agreed as a specific element of this contract that this indemnity shall apply notwithstanding the joint, concurring or contributory fault or negligence of The Owner and, further, notwithstanding any theory of law including, but not limited to, a characterization of The Owner's joint, concurring or contributory fault or negligence as either passive or active in nature. The provisions of this Paragraph C. shall not apply to loss resulting out of The Engineer's error, omission, or negligent act in performance of professional engineering services. D.' General Limitation Nothing in this article shall be deemed to impose liability on Engineer to indemnify The Owner for Loss where as between The Owner and The Engineer, The Owner's negligence or other actionable fault is the sole cause of Loss. ARTICLE XV - Casualty Insurance A. Engineer hereby agrees to maintain insurance underwritten by solvent insurance companies, which are acceptable to Owner, providing coverage for the following: 1. The legal liability of Engineer under the Workers' Compensation Act for the State of Texas, and under any other Employee Benefit Statute or similar law, to pay claims for bodily injuries, in- cluding death and disease sustained by employees. Employers' - 6 -