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<br />STATE OF TEXAS ~ <br />COUNTY OF LAMAR ~ <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />AGREEMENT <br /> <br />THIS AGREEMENT is entered into this 10th day of December, 2007, by and <br />between the City of Paris, Texas, hereinafter called "OWNER," and B. Bray Construction, <br />with main offices located at 1802 Church Street, Paris, Texas; hereinafter <br />called "CONTRACTOR." <br /> <br />1.01 OWNER employs CONTRACTOR to perform and CONTRACTOR agrees to <br />perform structural demolition services in accordance with the bid form; in <br />accordance with the Master Specifications attached hereto as Exhibit A; and in <br />accordance with this Agreement. <br /> <br />1.02 CONTRACTOR shall complete such services within twelve (12) months from the <br />date of execution of this Agreement. Additional time to perform will be allowed by <br />the OWNER only in the instance of weather delays which make performance <br />impractical, as determined exclusively by and approved by the OWNER. Weather <br />delays will be considered by the OWNER only if requested immediately by the <br />CONTRACTOR. <br /> <br />1.03 CONTRACTOR must submit invoices to OWNER on a monthly basis. No additional <br />charges will be permitted unless approved in advance in writing by OWNER as a <br />change order. No extra charges will be permitted for weather delays. <br />CONTRACTOR will be paid within thirty (30) days of receipt of invoice by OWNER <br />for work completed in conformance with the specifications, bid forms, and this <br />contract. Nothing herein shall require OWNER to expend more funds than that <br />amount currently budgeted for this activity as approved by the City Council. <br /> <br />1.04 The CONTRACTOR shall, for all purposes hereunder, be considered an <br />independent contractor. <br /> <br />1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide <br />appropriate safety warnings for the protection of the work area. Provision of safety <br />includes use of appropriate barricades, traffic control, control of the use of <br />equipment near traffic or pedestrians, and provision of other controls and warnings <br />as needed. <br /> <br />1.06 OWNER shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants, <br />employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or <br />bystander for any damage or injury caused by the acts or negligence of <br />CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants, or <br />resulting from the operation of any device or equipment located upon the contracted <br />property, or any appurtenance thereof, nor for any damage or injury from any <br />defector want of repair of any structure or device on the contracted property. <br /> <br />T rT -- <br />