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X. <br />Successors and Assigns <br />CITY and CONTRACTOR each bind themselves and their successors, executors, <br />administrators and assigns to the other party to this contract and to the successors, <br />executors, administrators and assigns of such other party in respect to all covenants of <br />this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest <br />herein without the prior written consent of the other. <br />XI. <br />Contractor's Liability and Warrant <br />Acceptance of the final work by the CITY shall not constitute nor be deemed a <br />release of the responsibility and liability of CONTRACTOR, its employees, associates, <br />agents or CONTRACTORS for the acceptable completeness of the work; nor shall such <br />acceptance be deemed an assumption of responsibility by CITY for any defect in the <br />work; nor shall such acceptance be deemed an assumption of responsibility by CITY for <br />any defect in the work prepared by said CONTRACTOR, its employees, associates, <br />agents or subcontractors. <br />CONTRACTOR herein provides a one (1) year warranty on workmanship and a <br />five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day <br />warranty on tile, brick, and rock repairs. <br />XII. <br />INDEMNIFICATION <br />CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO <br />WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD <br />HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND <br />AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND <br />AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, <br />COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, <br />PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR <br />RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT <br />AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR <br />NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S <br />SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF <br />EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE <br />"INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL <br />GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND <br />REMEDIES CODE, § 130.002(B). <br />BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE <br />PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE <br />CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL <br />