11 Approve a resolution to enter into a contract with Hayter Engineering, Inc. to provide engineering services for our ORCA, TxCDBG, project for water line replacement

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other proj ect. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without liability to the ENGINEER. 7.9 Consequential Damages - Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss or reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. 7.10 Reference Communications - The Consultant may be required to render opinions about the performance or qualifications of others engaged or being considered for engagement by the OWNER. Those about whom opinions are rendered may, as a consequence, initiate claims against the Consultant. To help create an atmosphere in which the Consultant may freely report or express such opinions candidly in the interest of the OWNER, the OWNER agrees to indemnify and hold harmless the Consultant against all damages, liabilities ar costs, including reasonable attorneys' fees arising from the rendering of such confidential opinions and reports by the Consultant to the OWNER. 7.11 Deliverv of Electronic Files - In accepting and utilizing any drawings, reports and data on any form of electronic media from the Engineer, OWNER agrees that such files are instruments of service of the Engineer, solely for this particular Project. The OWNER agrees not to reuse these electronic files for any purpose other than of the Project. The O WNER agrees to waive all claims against the Engineer resulting from any unauthorized changes to or reuse of the electronic files for any other project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the Engineer and the electronic files, the signed and sealed hard- copy construction documents shall govern. In addition, the OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, 14 G b (3)