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Project through the end of the then submitted billing period, the total of the current <br />invoice amount and a running total balance for the Project to date. <br />Within thirty (30) days of receipt of each such monthly invoice, CITY shall make <br />payment in the amount shown by FIRM's approved monthly statements and other <br />documentation submitted. Such payments shall be subject to the Texas Prompt Payment <br />Act, Texas Government Code §§ 2251.001, et seq. <br />Nothing contained in this Contract shall require CITY to pay for any services that <br />are not in conformance with the Standard of Care or invoices which are not submitted in <br />compliance with the material terms of this Contract, nor shall failure to withhold payment <br />pursuant to the provisions of this section constitute a waiver of any right, at law or in <br />equity, which CITY may have if FIRM is in default, including the right to bring legal <br />action for damages or for specific performance of this Contract. Waiver of any default <br />under this Contract shall not be deemed a waiver of any subsequent default. <br />1.8 Ownership of Documents. <br />All materials and documents prepared or assembled by FIRM under this Contract <br />shall become the sole property of CITY and shall be delivered to CITY without restriction <br />on future use on the condition that CITY substantially performs its obligations under this <br />Contract, including prompt payment of all sums due. FIRM may retain in its files copies <br />of all drawings, specifications and all other pertinent information for the services. FIRM <br />shall have no liability for changes made to any materials or other documents by others <br />subsequent to the completion of the Contract. Further, in the event CITY uses any <br />materials or other documents provided, prepared, or assembled by FIRM without <br />retaining FIRM, such use shall be at CITY's sole risk and liability, and CITY releases <br />FIRM and its FIRMS from all claims and causes of action arising from such uses. <br />1.9 Indemnification <br />The FIRM shall comply with the requirements of all applicable laws, rules <br />and regulations, and shall exonerate, indemnify, and hold harmless the City and its <br />agency members from and against any and all claims, costs, suits, and damages, <br />including attorney's fees, arising out of the FIRM's performance or nonperformance <br />of the activities, services or subject matter called for in this CONTRACT, and shall <br />assume full responsibility for payments of Federal, State and local taxes on <br />contributions imposed or required under the Social Security, worker's compensation <br />and income tax laws. <br />PART II: SUBCONTRACTS <br />2.1 No work under this CONTRACT shall be subcontracted by the FIRM without <br />prior approval, in writing, from the City. <br />Page 3 of 28 <br />