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information furnished by the CITY and the CITY's employees, agents, consultants and <br />contractors of any tier, and persons or entities under their supervision or control. <br />XII. <br />INDEMNIFICATION <br />IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE <br />SECTION 271.904(a), CONSULTANT DOES HEREBY COVENANT AND <br />CONTRACT TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS CITY <br />COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC <br />AND PRIVATE CAPACITIES, FROM AND AGAINST LIABILITY FOR DAMAGE <br />TO THE EXTENT THAT THE DAMAGE IS CAUSED BY AN ACT OF <br />NEGLIGENCE INTENTIONAL TORT, INTELLECTUAL PROPERTY <br />INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER <br />COMMITTED BY THE CONSULTANT OR THE CONSULTANT'S AGENT, ITS <br />CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH <br />THE CONSULTANT EXERCISES CONTROL. <br />XIII. <br />Independent Contractor <br />CONSULTANT's status shall be that of an Independent Contractor and not an <br />agent, fiduciary, servant, employee or representative of CITY in the performance of this <br />Contract. No term or provision of or act of CONSULTANT or CITY under this Contract <br />shall be construed as changing that status. CONSULTANT will have exclusive control <br />of and the exclusive right to control the details of its services performed hereunder, and <br />shall be liable for the acts and omissions of its officers, agents, employees, contractors, <br />subcontractors and architects and the doctrine of respondeat superior shall not apply as <br />between CITY and CONSULTANT, its officers, agents, employees, contractors, <br />subcontractors and architects, and nothing herein shall be construed as creating a <br />partnership or joint enterprise between CITY and CONSULTANT. CITY and <br />CONSULTANT shall not be construed to be in any type of joint venture with respect to <br />the scope of work set forth in this Contract. <br />XIV. <br />Default <br />If at any time during the term of this Contract, CONSULTANT shall fail to <br />commence its services in accordance with the provisions of this Contract or fail to provide <br />its services in accordance with the Standard of Care or fail to use an adequate number or <br />quality of personnel to perform its services as is consistent with the Standard of Care or <br />fail to perform any of its obligations under this Contract in accordance with the Standard <br />of Care, then CITY shall have the right, if CONSULTANT shall not cure any such default <br />after thirty (30) days written notice thereof, to terminate this Contract. Any such act by <br />CITY shall not be deemed a waiver of any other right or remedy of CITY. If after <br />exercising any such remedy due to CONSULTANT's nonperformance as set forth herein, <br />Structural Engineering Services Contract <br />Jason Hart Engineering, PLLC Page 8 of 24 <br />