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The Contractor and his sureties shall indemnify, defend and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the OWNER from and against any and all injuries, loss or damages to property of the OWNER during the perFormance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. VII. PERFORMANCE AND PAYMENT BONDS With the execution and delivery of the contract, Contractor shall furnish and file with the City in the amounts herein required, performance and payment bonds in accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, as amended and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be listed in the most current Federal Register Treasury List. The City reserves the right to reject any and all sureties. VIII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of Contractor, and that Contractor shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of City. IX. TERMINATION City shall have the right to unilaterally terminate this agreement at any time and for any reason upon thirty (30) days written notice to Contractor. X CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. 3 ~ LUUU~:,