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of Paris, P. O. Box 9037, Paris, Texas 75461-9037.
<br />The Contractor and its sureties shall defend, indemnify, and hold the City, its
<br />elected officials, officers and employees harmless from all suits, actions or claims of any
<br />character, name and description brought for or on account of any injuries or damages
<br />received or sustained by any person, persons or property on account of the operations of
<br />the Contractor, his agents, employees or subcontractors; or on account of any negligent
<br />act or intentional wrongful act or omission of the Contractor, his agents, employees or
<br />subcontractors in the performance 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 City growing out of such injury or damage. The
<br />Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
<br />harmless the City from and against any and all injuries, loss or damages to property of the
<br />City during the performance of any of the terms and conditions of this Contract, whether
<br />arising out of or in connection with or resulting from, in whole or in part, any and all alleged
<br />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 Section 2253 of the Texas Government Code and Article 7.19-1 of the
<br />Insurance Code, as amended. The sureties shall be listed in the most current Federal
<br />Register Treasury List. The City reserves the right to reject any and all sureties.
<br />VI11. INDEPENDENT CONTRACTOR
<br />Contractor covenants and agrees that Contractor is an independent contractor and
<br />not an officer, agent, servant or employee of City; that Contractor shall have exclusive
<br />control of and exclusive right to control the details of the work performed hereunder and
<br />all persons performing same, and shall be responsible for the acts and omissions of its
<br />officers, agents, employees, contractors, subcontractors and consultants; that the
<br />doctrine of respondeat superior shall not apply as between City and Contractor, its
<br />officers, agents, employees, contractors, subcontractors and consultants, and nothing
<br />herein shall be construed as creating a partnership or joint enterprise between City and
<br />Contractor.
<br />IX. TERMINATION
<br />Should either party to this Agreement default in any covenant, conditions,
<br />provisions or stipulation in this Agreement, the non-breaching party shall provide written
<br />notice to the breaching part of the default, and should the default not be cured within
<br />twenty (20) calendar days, the non-breaching party may terminate the Agreement.
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