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Electronic files fumished by either parry shall be subj ect 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 obiigation 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-copy construction documents shall govern. <br />In addition, the CITY agrees, to the fuIlest extent permitted by law, to rel0ase the <br />ENGINEER, its officers, directors, employees and subconsultants against ali <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 />(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 alI persons perfarming same, and shali be <br />responsible for the acts and omissions of its afficers, agents, emplayees, 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 sha11 be construed as creating a <br />partnership or 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 prpvided hereunder remain the sole responsibility of <br />ENGINEER, and that ENGTNEER 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 withoutthe express written consenf ofCITY. <br />(h) Venue. The parties agree thatthe laws of the State of Texas shatl govern this <br />Agreement, and tihat all aspects of this Agreement are performable in Lamar <br />Counry, Texas. Exclusive venue for any claim or lawsuit arising out of or reiated <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 />4 <br />