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any person, persons or property on account of the operations of the CONTRACTOR, his agents, <br />employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, <br />his agents, employees or subcontractors in the execution of said contract; or on account of the <br />failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and <br />shall be required to pay any judgment, with cost including attorney's fees, which may be <br />obtained against the CITY growing out of such injury or damage. The CONTRACTOR likewise <br />covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and <br />against any and all injuries, loss or damages to property of the CITY during the performance of <br />any of the terms and conditions of this Contract, whether arising out of or in connection with or <br />resulting from, in part, any and all alleged acts or omissions of officers, agents, servants, <br />employees, contractors, subcontractors, licenses ar invitees of the CITY. <br />ARTICLE 10. MISCELLANEOUS <br />10.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions, <br />will have the meanings indicated in the General Conditions. <br />10.2 No assignment by a party hereto of any rights under or interests in the Contract <br />Documents will be binding on another party hereto without the written consent of the <br />party sought to be bound; and specifically, but without limitation, monies that may <br />become due and monies that are due, may not be assigned without such consent (except <br />to the extent that the effect of this restriction may be limited by law), and unless <br />specifically stated to the contrary in any written consent to an assignment, no assignment <br />will release or discharge the assignor from any duty or responsibility under the Contract <br />Documents. <br />10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal <br />representatives to the other party hereto, its partners, successors, assign and legal <br />representatives in respect of all covenants, agreements and obligations contained in the <br />Contract Documents. <br />ARTICLE 11. NOTICE <br />Any notice required by this Agreement shall be in writing and may be delivered in person or by <br />certified mail, return receipt requested addressed accordingly: <br />CITY <br />CONTRACTOR <br />City Manager <br />Bobby Smallwood Construction Co., Inc. <br />City of Paris <br />1795 NE 17`n <br />P. O. Box 9037 <br />Paris, TX 75460 <br />Paris, TX 75460 <br />