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subcontractors are used as additional services, the ENGINEER' S reimbursement <br />shall include a service charge equal to 5% of the subcontractor's invoice amount. <br />4. Services to be Performed bv CITY: CITY shall: (i) designate a specific person as CITY's <br />representative; (ii) provide ENGINEER with any previous studies, reports, data, budget <br /> <br />constraints, special CITY requirements, or other pertinent information known to CITY; (iii <br />ensure access for the ENGINEER to properties necessary for performance of the <br />ENGINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial <br />advisors or other similaz specialists as required for the project; (v) make prompt payments in <br />response to ENGINEER' S statements; and (vi) respond in a timely fashion to requests from <br />the ENGINEER. ENGINEER is entitled to rely upon and use, without independent <br />verification and without liability, all information and services provided by CITY or CITY's <br />appointees, or with respect to buried utilities, the utility providing service in the project area. <br />5. Termination_ The obligation to provide further services under this AGREEMENT may be <br />terminated by either party upon ten (10) calendar days written notice, in the event of <br />substantial failure by the other party to perform in accordance with the terms hereof. <br />6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service far <br />the specific project contemplated under this AGREEMENT. They are not intended for reuse <br />on extensions of that project, or on any other project. Any reuse without written verification <br />or adaptation by ENGINEER for the specific purpose intended will be at CTTY's sole risk and <br />without liability to ENGINEER. <br />7. Notices: Any notices to be given hereunder by either party to the other may be effected <br />either by personal delivery, in writing, or by registered or certified mail. <br />8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or <br />benefits to anyone except the CITY and ENGINEER, and contains the entire agreement <br />between the parties. Oral modifications to this agreement shall have no force or effect. <br />9. Texas Law to Applv' Successors; Construction: This AGREEMENT shall be construed <br />under and in accordance with the laws of the State of Texas. It shall be binding upon, and <br />inure to the benefit of, the parties hereto and their representatives, successors and assigns. <br />Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, <br />they shall be deemed void, and this AGREEMENT shall be construed as if such provision <br />had never been contained herein. <br />10. Other Provisions: The parties hereto further agree as follows: <br />indemnify <br />aga hold <br />(a) Indemnification. ENGIN es harmless release, <br />es <br />officers, agents and employ <br />(including death), claims, property damages (including loss ofuse), losses, demands, <br />suits, judgments and costs, including reasonable attorney's fees and expenses, in any <br />way arising out of, related to, or resulting from the services provided by ENGINEER <br />2 <br />