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return receipt requested, addressed to the City at the following address: City Clerk, City
<br />of Paris, P. O. Box 9037, Paris, Texas 75461-9037.
<br />The Contractor and its sureties shall defend, indemnify, and hold the City,
<br />its elected officials, officers and employees harmless from all suits, actions or
<br />claims of any character, name and description brought for or on account of any
<br />injuries or damages received or sustained by any person, persons or property on
<br />account of the operations of the Contractor, his agents, employees or
<br />subcontractors; or on account of any negligent act or intentional wrongful act or
<br />omission of the Contractor, his agents, employees or subcontractors in the
<br />performance of said contract; or on account of the failure of the Contractor to
<br />provide the necessary barricades, warning lights or signs; and Contractor and its
<br />sureties shall be required to pay any judgment, with cost including attorneys' fees,
<br />which may be obtained against the City growing out of such injury or damage. The
<br />Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
<br />harmless the City from and against any and all injuries, loss or damages to property
<br />of the City during the performance of any of the terms and conditions of this
<br />Contract, whether arising out of or in connection with or resulting from, in whole
<br />or in part, any and all alleged acts or omissions of officers, agents, servants,
<br />employees, contractors, subcontractors, licenses or invitees of the City.
<br />VII. PERFORMANCE AND PAYMENT BONDS
<br />With the execution and delivery of the contract, Contractor shall furnish and file
<br />with the City in the amounts herein required, performance and payment bonds in
<br />accordance with Section 2253 of the Texas Government Code and Article 7.19-1 of the
<br />Insurance Code, as amended. The sureties shall be listed in the most current Federal
<br />Register Treasury List. The City reserves the right to reject any and all sureties.
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<br />Contractor covenants and agrees that Contractor is an independent contractor and
<br />not an officer, agent, servant or employee of City; that Contractor shall have exclusive
<br />control of and exclusive right to control the details of the work performed hereunder and
<br />all persons performing same, and shall be responsible for the acts and omissions of its
<br />officers, agents, employees, contractors, subcontractors and consultants; that the
<br />doctrine of respondeat superior shall not apply as between City and Contractor, its
<br />officers, agents, employees, contractors, subcontractors and consultants, and nothing
<br />herein shall be construed as creating a partnership or joint enterprise between City and
<br />Contractor.
<br />IX. TERMINATION
<br />City shall have the right to unilaterally terminate this agreement at any time and for
<br />any reason upon thirty (30) days written notice to the Contractor.
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