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XII. INDEMNIFICATION CONTRACTORDOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL LIABILITY, CAUSES OFACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM CONTRACTOR’S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOROR CONTRACTOR’S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF EITHER CONTRACTOROR CONTRACTOR’S SUBCONTRACTORS (THE “INDEMNIFIED ITEMS”) SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL AS ENVIRONMENTAL CLAIMS BY PRIVATE PARTIES OR GOVERNMENTAL AGENCIES, ANDFAILURE TO PAY A SUBCONTRACTOROR SUPPLIER. INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. XIII. Independent CONTRACTOR CONTRACTOR’s status shall be that of an Independent CONTRACTORand not an agent, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of CONTRACTORor CITY under this Contract shall be construed as changing that status. CONTRACTORwill have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, CONTRACTORs, subCONTRACTORs and engineers and the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, CONTRACTORs, subCONTRACTORs and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. CITY and CONTRACTORshall not be construed to be in any type of joint venture with respect to the scope of work set forth in this Contract.