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23-OTHER POST-EMPLOYMENT BENEFITS (OPEB)
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02.25.13
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23-OTHER POST-EMPLOYMENT BENEFITS (OPEB)
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G. Work Product. The final work product will be the property of the <br />CONTRACTING GOVERNMENT to be used as stated in the specific engagement <br />letter. Ancillary use of the product is permitted but GRS is not responsible for the <br />reliability of those projections. It is understood that all reports are subject to the <br />open records laws of the State of Texas and the contracting jurisdiction. <br />H. Independent Contractor. All the services provided by GRS will be as an <br />independent contractor. None of the terms in the engagement letter will be <br />interpreted to create an agency or employment relationship. <br />Term. The term of this master ageement will be governed by the afore referenced <br />NCTCOG RFP and will expire on September 30, 2014. <br />Complete Agreement. This letter combined with the specific engagement letter <br />and as clarified by the RFP and Proposal set forth the entire agreement between the <br />CONTRACTING GOVERNMENT and GRS. <br />K. Indemnification. GRS covenants and agrees to indemnify and hold harmless and <br />defend and does hereby indemnify, hold harmless, and defend CONTRACTING <br />GOVERNMENT, its officers and employees, from and against any and all suits or <br />claims for damages or injuries, including death, to persons or property, whether real <br />or asserted, arising out of any negligent act or omission on the part of the <br />contractor, its officers, agents, servants, employees, or subcontractors, and the <br />contractor does hereby assume all liability for injuries, claims or suits for damages <br />to persons, property, or whatever kind of character, whether real or asserted, <br />occurring during or arising out of the performance of this contract as a result of any <br />negligent act or omission on the part of the contractor, its officers, agents, servants, <br />employees, or subcontractors to the extent permitted by law. Please review this <br />master agreement letter and the attached schedules and indicate your acceptance by <br />having an official of CONTRACTING GOVERNMENT sign below. <br />L. Force Maieure. A force majeure event shall be defined to include governmental <br />decrees or restraints, acts of God (except that rain, wind, flood or other natural <br />phenomena normally expected for the locality, shall not be construed as an act of <br />God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, <br />riots, war, rebellion, and sabotage. If a delay or failure of performance by either <br />party to this contract results from the occurrence of a force majeure event, the delay <br />shall be excused and the time fixed for completion of the work extended by a period <br />equivalent to the time lost because of the event. <br />- 15'7 <br />Gabriel Roeder Smith & Company <br />
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