2003 - Laserfiche WebLink

Home Browse Search

35 C. TWDB and the District, respectively, establish and acknowledge that either party is not an agent or servant to the other party, and thus is solely responsible for the acts and deeds of its employees, officers, contractors and agents during performance of the services defined in this agreement. d. It is understood by the parties that TWDB services (surveys, studies, and coordination conducted in conjunction with this Agreement) will comply with applicable Federal and State laws and regulations. All data collected by TWDB, as well as data collected by the District, will be shared between the District and TWDB. Follow -on survey efforts which may be identified by the surveys, studies, and coordination are not included within this Agreement. Such additional efforts will require further review and separate authorization and agreement prior to the performance of any additional effort. e. The District shall not be responsible for damages to property or injuries to persons which may arise or be incident to the prosecution by TWDB of any work under this agreement. To the extent that it may legally do so, TWDB shall hold and save the District, including its officers, agents and employees, harmless from any and all claims, not including damages due to the fault or negligence of the District. The language of this provision, included at the insistence of the District, shall in no way be constructed as an action or attempt by the TWDB to waive any Texas Constitutional or statutory prohibitions. f. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed.