Laserfiche WebLink
<br />- <br /> <br />c. TWOS and the District, respectively, establish and <br />acknowledge that either party is not an agent or servant <br />to the other party, and thus is solely responsible for the <br />acts and deeds of its employees, officers, contractors and <br />agents during performance of the services defined in this <br />agreement. <br /> <br />d. It is understood by the parties that TWOS services <br />(surveys, studies, and coordination conducted in <br />conjunction with this Agreement) will comply with <br />applicable Federal and State laws and regulations. All <br />data collected by TWOS, as well as data collected by the <br />District, will be shared between the District and TWOS. <br />Follow-on survey efforts which may be identified by the <br />surveys, studies, and coordination are not included within <br />this Agreement. Such additional efforts will require further <br />review and separate authorization and agreement prior to <br />the performance of any additional effort. <br /> <br />e. The District shall not be responsible for damages to <br />property or injuries to persons which may arise or be <br />incident to the prosecution by TWOS of any work under <br />this agreement. To the extent that it may legally do so, <br />TWOS shall hold and save the District, including its <br />officers, agents and employees, harmless from any and <br />all claims, not including damages due to the fault or <br />negligence of the District. The language of this provision, <br />included at the insistence of the District, shall in no way <br />be constructed as an action or attempt by the TWOS to <br />waive any Texas Constitutional or statutory prohibitions. <br /> <br />f. In the event that any (one or more) of the provisions of <br />this Agreement is found to be invalid, illegal, or <br />unenforceable, by a court of competent jurisdiction, the <br />validity of the remaining provisions shall not in any way be <br />affected or impaired and shall continue in effect until the <br />Agreement is completed. <br />