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act or intentional wrongful act or omission of the Contractor, his agents, employees or <br />subcontractors in the execution of said contract; or on account of the failure of the <br />Contractor to provide the necessary barricades, warning lights or signs; and Contractor <br />and its sureties shall be required to pay any judgment, with cost including attorneys fees, <br />which may be obtained against the OWNER growing out of such injury or damage. The <br />Contractor tikewise covenants and agrees to, and does hereby, indemnify and hold <br />harmless the OWNER from and against any and all injuries, loss or damages to property <br />of the OWNER during the performance of any of the terms and conditions of this Contract, <br />whether arising out of or in connection with or resulting from, in whole or in part, any and <br />all alleged acts or omissions of officers, agents, servants, employees, contractors, <br />subcontractors, licenses or invitees of the City. <br />VII. PERFORMANCE AND PAYMENT BONDS <br />With the execution and delivery of the contract, Contractor shall furnish and file <br />with the City in the amounts herein required, performance and payment bonds in <br />accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, as <br />amended and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be <br />listed in the most current Federal Register Treasury List. The City reserves the right to <br />reject any and all sureties. <br />VIII. INDEPENDENT CONTRACTOR <br />Contractor covenants and agrees that during the term of this agreement, the <br />services to be provided hereunder remain the sole responsibility of Contractor, and that <br />Contractor shall not during the term of this agreement assign, subcontract, or in any other <br />way authorize or retain other parties to provide such services without the express written <br />consent of City. <br />IX. TERMINATION <br />City shall have the right to unilaterally terminate this agreement at any time and for <br />any reason upon thirty (30) days written notice to Contractor. <br />X. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION <br />The parties agree that the laws of the State of Texas shall apply to this Agreement, <br />and that it is performable in Lamar County, Texas. The parties further agree that <br />exclusive venue shall lie in Lamar County Texas. <br />XI. ENTIRE AGREEMENT; AMENDMENTS; <br />SUCCESSORS AND ASSIGNS <br />This Construction Agreement, including the Contract Documents listed in Article II <br />herein, represent the entire and integrated agreement between City and Contractor, and <br />supersedes all prior negotiations, representations, or agreements, either written or oral. <br />3 <br />