2012-007 RES ACCEPTING/AWARDING BID FOR 2011-2012 WATER AND WASTEWATER CAPITAL IMPROVEMENTS TO FOUR THIRTEEN INC

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shall be by certified mail, retum 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 OWNER and a11 of its officers, agents and employees &om all suits, actions or claims of any character, name and description brought for or on account of aay injuries or damages received or sustained by any person, persons or properiy on account of the operations of the CONTRACTOR, lus 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 bazricades, warning lights or signs; and shall be required to pay any judgment, with cost including attorneys fees, 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 hatmless the OWNER &om and against any and all injuries, loss or damages to property of the OWNER 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 OWNER. Article 10. MISCELLANEOUS 10.1 Tem1s used in the Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Cottditions. 10.2 No assignment by a party hereto of atty rights under or interests in the Contract Documents will be binding on another pariy hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assigzunent will release or dischazge the assignor from any duty or responsibility under the Contract Documents. 10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of a11 covenants, agreements and obligations contained in the Contract Documents. Article 11. NOTICE Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, retum receipt requested addressed accordingly: 27