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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 />VIII. INDEPENDENT CONTRACTOR <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 should Contractor <br />abandon or fail to supplies sufficient materials, workers, and/or proper equipment as <br />agreed and specified. Such termination shall be for cause, and upon such termination for <br />cause, City will owe no further amounts under this Contract. Should Owner terminate this <br />agreement without proper cause, Contractor will receive full value of the expenses and <br />costs of work performed up to the date of termination. <br />X. CHOICE OF LAW VENUE; CONTRACT INTERPRETATION <br />The parties agree that the laws of the State of Texas shall apply to this Agreement, <br />and that it is performable in Lamar County, Texas. The parties further agree that exclusive <br />venue shall lie in Lamar County Texas. <br />3 <br />