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an experienced and qualified professional, the Consultant warrants that the information it
<br />provides reflects high professional and industry standards, procedures, and performances. The
<br />Consultant warrants that the preparation of documents /deliverables, the selection and supervision
<br />of personnel, and the performance of other services under this Agreement, are pursuant to a high
<br />standard of performance in its profession. Any provisions in this Agreement pertaining to the
<br />City's review, approval and/or acceptance of written materials prepared by the Consultant and/or
<br />its subconsultants, contractors, and subcontractors in connection with this Agreement will not
<br />diminish the Consultant's responsibility for the materials. Approval of the City will not
<br />constitute, or be deemed, a release of the responsibility and liability of the Consultant, its
<br />employees, agents, or associates for the exercise of skill and diligence to promote the accuracy
<br />and competency of their deliverables, information, or any other document, nor will the City's
<br />approval be deemed to be the assumption of responsibility by the City for any defect or error in
<br />the aforesaid documents prepared by the Consultant, its employees, associates, agents,
<br />subconsultants or subcontractors.
<br />B. The Consultant will promptly correct any error in its deliverables it furnishes at no cost to
<br />the City. The City's approval, acceptance, use of, or payment for, all or any part of the
<br />Consultant's services under this Agreement or of the Project itself will in no way alter the
<br />Consultant's obligations or the City's rights under this Agreement.
<br />C. It is expressly agreed that the Consultant and its employees are independent contractors,
<br />and not agents, employees, partners or joint venturers with the City. As an independent
<br />contractor, the Consultant is responsible for the professional services and the final work product
<br />contemplated under this Agreement. Except for materials furnished by the City, the Consultant
<br />will supply all materials, equipment, and labor required for the provision of its professional
<br />services under this Agreement. The Consultant has ultimate control over the execution of its
<br />professional services and it is the Consultant's sole obligation to employ, direct, control,
<br />supervise, manage, discharge, and compensate all of its employees, subconsultants and
<br />subcontractors, and the City has no control of or supervision over the employees of the
<br />Consultant or any of the Consultant's subconsultants or subcontractors. The Consultant will not
<br />pledge or attempt to pledge the credit of the City.
<br />D. The Consultant will at all times exercise reasonable precautions on behalf of, and be
<br />solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and
<br />other persons, as well as their personal property, while in the vicinity of any of the work being
<br />done on or for the Project. It is expressly understood and agreed that the City is not liable or
<br />responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors,
<br />invitees, licensees, and other persons.
<br />E. The Consultant will indemnify, hold harmless and defend the City and all its employees,
<br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action of
<br />any kind arising from the negligent or intentional wrongful acts or omissions of the Consultant,
<br />its officers, employees or agents or by or on account of any claims or amounts recovered under
<br />the Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, and its
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