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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Electronic files furnished by either party shall be subject to an acceptance period of <br /> sixty (60) days. After the acceptance period, the electronic files shall be deemed to be <br /> accepted and neither party shall have any obligation to correct errors or maintain <br /> electronic files. <br /> <br /> In the event of a conflict between the hard-copy construction documents and record <br /> drawings prepared by the ENGINEER and the electronic files, the signed and sealed <br /> hard-copy construction documents shall govern. <br /> <br /> 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 attorneys' fees and defense costs,. <br /> arising from any changes made by anyone other than the ENGINEER or from any <br /> reuse of the electronic files. <br /> <br /> (f) Independent 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 respondeat superior shall not <br /> apply as between CITY and ENGINEER, its officers, agents, employees, contractors, <br /> subcontractors and consultants, and nothing herein shall be construed as creating a <br /> partnership or joint enterprise between CITY and ENGINEER. <br /> <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 shall 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 /> <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 <br /> County, Texas. Exclusive venue for any claim or lawsuit arising out of or related <br /> to this Agreement shall lie in Lamar County, Texas. <br /> <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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 4 <br /> <br /> <br /> 68 <br />