2008-044-RES APPROVING AND AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT WITH J. STOWE & CO. FOR WATER RESOURCE AND COSTING CONSULTING SERVICES

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notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend perFormance under this Agreement. XII. Work Product City shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ('Work Products'); provided, however City shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If City releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) City does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) City shall hold Consultant harmless from any and all claims or damages related to the City's wrongful release, change or third party use. XIII. Complete Contract This Agreement, including referenced Exhibits, constitutes the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. XIV. Mailin4 of Notices Unless instructed otherwise in writing, Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be addressed to City at the following address: City of Paris, Texas Engineering Department P.O. Box 9037 PARIS, TX 75461-9037 With a copy to: City of Paris, Texas Finance Department P. O. Box 9037 Paris, TX 75461-9037 CONSULTING SERVICES AGREEMENT PAGE 4 S:/Attorney/Contracts/2008/Jadc Stowe Prof Services Draft (2)