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<br />ARTICLE XVI - Patents <br /> <br />Engineer agrees to defend any claim, action or suit that may be brought <br />aga ins t Owner, or its offi cers, agents or employees for i nfri ngement by <br />Engineer of any Letters Patent of the United States arising out of the <br />performance of this Contract, and also to indemnify and hold harmless Owner <br />and its officers, agents and employees against all judgments, decrees, <br />damages, costs and expenses recovered against it or them, or sustained by it <br />on account of any such actual or alleged infringement. <br /> <br />The foregoing provisions shall not apply to process or equipment desig- <br />nated by Owner. <br /> <br />ARTICLE XVII - Registration Requirements <br /> <br />With reference to any architectura 1 or engi neeri ng servi ces called for <br />by this Contract, which, under the laws of the State of Texas, are required <br />to be performed by, under the i nstructi ons, control or supervi s ion of an <br />architect or engineer registered under the laws of such State, Engineer shall <br />be bound to see that such services are so performed. <br /> <br />ARTICLE XVIII - Liens <br /> <br />A. Neither the final payment nor any part of the retainage shall become due <br />until Engineer shall properly deliver to Owner all AFFIDAVIT AND WAIVER <br />OF LIEN-SUBCONTRACTOR Forms (Form #1) properly executed by all Subcon- <br />tractors of any tier and, if requested by Owner, major Materialmen who <br />have done Work on thi s Project, and AFFIDAVIT AND WAIVER OF <br />LIEN-ENGINEER (Form #2) properly executed by Engineer. Attached hereto <br />and incorporated herei n by thi s reference are Owner's forms (Forms #1 <br />and Form #2) mentioned above. <br /> <br />B. Owner may apply any and all portions of the final payment and/or <br />retainage to partially or totally satisfy any or all liens which have <br />been filed by Subcontractors or Materialmen against Owner's property for <br />Work done on this Project, and which have been upheld by the final <br />judgment of a court of competent jurisdiction. The Contract Sum shall <br />be reduced by an amount equal to Owner's payment by reason of the lien <br />cl aim and where Engi neer' s appl i cations for payment incl ude reimburse- <br />ment for the Subcontractor's or Materialmen's claims so satisfied by <br />Owner's di rect payment, then all sums in Engi neer' s app 1 i cati on for <br />payment in connection with such claim shall be removed. <br /> <br />C. Engineer further indemnifies and holds Owner harmless against any and <br />all 1 i ens, c 1 a ims and suits, i nc 1 udi ng a 11 damages, expenses, costs and <br />attorney's fees associated therewith, which arise out of work on this <br />Project by Engineer and Subcontractors of Engineer. <br /> <br />- 8 - <br />