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construction observation, and OWNER waives any claims against ENGINEER that may in any way be connected thereto. In addition, OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER, its Officers, employees and subconsultants, against all damages, liabilities or other costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the perfonnance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the Construction Documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of the ENGINEER. If OWNER requests in writing that ENGINEER provide any specific construction phase services, and if ENGINEER agrees in writing to provide such services, ENGINEER shall be compensated for said service in accordance with Section 3 (b) herein. 13. This AGREEMENT is subject to the provisions of Exhibits A, B, and C. 14. Amendments to this contract shall be in writing and be signed by the appropriate authorized parties for both OWNER and ENGINEER. 15. Legal Construction: If any one or more of the provisions contained in this Agreement shall for any reasons be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. The OWNER shall provide prompt written notice to the ENGINEER if the OWNER becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in the ENGINEER'S Instruments of Service. IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the 9`h day of January 2025. Engineer: HAYTER ENGINEERING, INC Owner: CITY OF Paris, TEXAS ._ __ . m_ ..._ .............m _ ... �f �e By: _ — ..._......e...�— By: Michael N. Tibbets, P.E./ President Robert Vine/Interim City Manager Attest :..�` Attest: . ,.. ..e.� ..