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responsibility for the materials. Approval of the City will not constitute, or be deemed, a release
<br />of the responsibility and liability of the Engineer, its employees, agents, or associates for the
<br />exercise of skill and diligence to promote the accuracy and competency of their designs,
<br />information, plans, specifications or any other document, nor will the City's approval be deemed
<br />to be the assumption of responsibility by the City for any defect or error in the aforesaid
<br />documents prepared by the Engineer, its employees, associates, agents, subconsultants or
<br />subcontractors.
<br />B. The Engineer will promptly correct any defective designs or specifications it furnishes at
<br />no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the
<br />Engineer's services under this Agreement or of the Project itself will in no way alter the
<br />Engineer's obligations or the City's rights under this Agreement.
<br />C. It is expressly agreed that the Engineer and its employees are independent contractors,
<br />and not agents, employees, partners or joint venturers with the City. As an independent
<br />contractor, the Engineer is responsible for the professional services and the final work product
<br />contemplated under this Agreement. Except for materials furnished by the City, the Engineer
<br />will supply all materials, equipment, and labor required for the provision of its professional
<br />services under this Agreement. The Engineer has ultimate control over the execution of its
<br />professional services and it is the Engineer's sole obligation to employ, direct, control, supervise,
<br />manage, discharge, and compensate all of its employees, subconsultants and subcontractors, and
<br />the City has no control of or supervision over the employees of the Engineer or any of the
<br />Engineer's subconsultants or subcontractors. The Engineer will not pledge or attempt to pledge
<br />the credit of the City.
<br />D. The Engineer will at all times exercise reasonable precautions on behalf of, and be solely
<br />responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other
<br />persons, as well as their personal property, while in the vicinity of the Project or any of the work
<br />being done on or for the Project. It is expressly understood and agreed that the City is not liable
<br />or responsible for the negligence of the Engineer, its officers, employees, agents, subcontractors,
<br />invitees, licensees, and other persons.
<br />E. The Engineer 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 Engineer, its
<br />officers, employees or agents or by or on account of any claims or amounts recovered under the
<br />Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, and its
<br />sureties will be held liable until such suit or suits, action or actions, claim or claims for injury or
<br />damages as aforesaid have been settled and satisfactory evidence to that effect has been
<br />furnished to the City. This will include, but not be limited to, the amounts of judgments,
<br />penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City
<br />arising in favor of any party, including the amounts of any damages or awards resulting from
<br />claims demands and causes of action for personal injuries, death or damages to property alleged
<br />or actual infringement of patents, copyrights, and trademarks and without limitation by
<br />enumeration, all other claims, demands, or causes of action of every character occurring,
<br />resulting, or arising from any negligent or intentional wrongful act, error or omission of the
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