2 & 3 bid awarding contract for repair of Bywaters Park Paris Peristyle

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a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The CONTRACTOR and his sureties shall indemnify, defend and save harmless the CITY and all of its officers, agents and employees 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 CITY from and against any and all injuries, loss or damages to property of the CITY 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. 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 and CONTRACTOR have the right to unilaterally terminate this agreement at any time upon sixty (60) days written notice to the other party. CITY retains the right to terminate this agreement upon thirty (30) days written notice to CONTRACTOR for failure to perform the services required hereunder. X. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the law 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. Although this Agreement is drafted by the City should any part be in dispute, the parties agree the Agreement shall not be construed more favorable for either party. Page 3 of 5 7