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Electronic files fuznished by either party shall be subject to an acceptance period of <br />sixty (60) days. After the acceptance period, the electroruc files sha11 be deemed to be <br />accepted and neither party shall have any obligation to correct errors or maintain <br />electronic files. <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-capy construction documents shall govern. <br />In addition, the CITY agrees, to the fullest extent permitted by law, to release the <br />ENGINEER, its officers, tlirectors, employees and subconsultants against alI <br />damages, 3iabilities or costs, including reasanable 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 />(f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an <br />independent contractoz and not an officer, agent, servant or employee of CITY; that <br />ENGINEER shall have exciusive 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 afficers, agents, employees, contractors, <br />subcontractocs 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 />(g) Na Assignment. ENGINEER covenants and agrees that during the term of this <br />agreement, the services to be provided hezeunder remain the soie 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 rvritten consent of CITY. <br />(h) Venue. The parties agree that the laws of the State af 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 af or related <br />to this 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 />