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In addition, the CITY agrees, to the fullest extent permitted by law, to release the <br />ENGINEER, its officers, directors, employees and subconsultants against all <br />damages, liabilities or costs, including reasonable attomeys' fees and defense costs, <br />arising from any changes made by anyone other than the ENGTNEER or from any <br />reuse of the electronic files. <br />Independeut Contractor. ENGINEER covenants and agrees that ENGINEER is an <br />independent contractor and not an officer, agent, servant or employee of CITY; that <br />ENGINEER shall have exclusive control of and exclusive right to control the details <br />of the work performed hereunder and all persons performing same, and shall be <br />responsible for the acts and omissions of its officers, agents, employees, contractors, <br />subcontractors and consultants; that the doctrine of respondent superior shall not <br />apply as between CITY and ENGINEER, its officers, agents, employees, contractors, <br />subcflntractors and consultants, and nothing herein shall be construed as creating a <br />partnership ox joint enterprise between CITY and ENGINEER. <br />(g) No Assignment, ENGINEER covenants and agrees that during the term of this <br />agreement, the services to be provided hereunder remain the sole responsibility of <br />ENGINEER, and that ENGINEER shail not during the term of this agreement assign, <br />subcontract, or in any other way authorize or retain other parties to provide such <br />services without the express written consent of CITY. <br />(h) Venue. The parties agree that the laws of the State of Texas shall govern this <br />Agreement, and that all aspects of this Agreement are performable in Lamar County, <br />Texas. Exclusive venue for any claim or lawsuit arising out of or related to this <br />Agreement shall lie in Lamar County, Texas. <br />11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized <br />parties for both CITY and ENGINEER. <br />IN WITNESS WHEREOF, the parties, having read and undezstood this AGREEMENT, have <br />executed such in duplicate copies, each of which shall have full dignity and force as an original, on <br />the day of , 2010. <br />ENGINEER: HAYTER ENGiNEERING, INC. CITY: CITY OF PARIS <br />By: <br />ATTEST: I <br />~ <br />By: <br />ATTEST: <br />(Corporate Seal) <br />{Seal) <br />169 <br />