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In the event of a conflict between the hard-copy design construction documents and record <br />drawings prepared by the ARCHITECT and the electronic files, the signed and sealed hard-copy <br />construction documents shall govern. <br />(g) Independent Contractor. ARCHITECT covenants and agrees that ARCHITECT is an <br />independent contractor and not an officer, agent, servant or employee of the CITY; that <br />ARCHITECT shall have exclusive control of and exclusive right to control the details of the <br />work performed hereunder and all persons performing same, and shall be responsible for <br />the acts and omissions of its ofiicers„ agents, employees, contractors, subcontractors <br />and consultants; that the doctrine of respondent superior shall not apply as between CITY <br />and ARCHITECT, its officers, agents, employees, contractors, subcontractors and <br />consultants, and nothing herein shall be construed as creating a partnership or joint <br />enterprise between CITY and ARCHITECT. <br />(h) No Assignment. ARCHITECT covenants and agrees that during the term of this <br />agreement, the services to be provided hereunder remain the sole responsibility of <br />ARCHITECT, and that ARCHITECT shall not during the term of this agreement assign, <br />subcontract, or in any other way authorize or retain other parties to provide such services <br />without the express written consent of CITY. <br />(i) G o v e r n i n g L a w a n d Venue. The parties agree that the laws of the State of Texas <br />shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar <br />County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this <br />Agreement shall lie in Lamar County, Texas. <br />11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized <br />parties for both CITY and ARCHITECT. <br />IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have <br />executed such in duplicate copies, each of which shall have full dignity and farce as an original, on <br />the 28th day of January, 2013. <br />ARCHITECT: DENNEY ARCHITECTURAL CITY: CITY OF PARIS, TEXAS <br />SERVICES, 1NC. <br />By <br />Attest: <br />(Corporate Seal) <br />By: <br />John Godwin, City Manager <br />Attest: <br />(Seal) <br />4 <br />