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ARTICLE VIII LICENSES, PERMIT, AND INSURANCE <br />1. For the purpose of this CONTRACT, the CONTRACTOR(S) will be considered an <br />independent contractor and therefore solely responsible for liability resulting from <br />negligent acts or omissions. The CONTRACTOR(S) shall obtain all necessary insurance, <br />in the judgment of the CONTRACTOR(S), to protect themselves, the TWDB, and <br />employees and officials of the TWDB from liability arising out of this CONTRACT. <br />2. The CONTRACTOR(S) shall be solely and entirely responsible for procuring all <br />appropriate licenses and permits, which may be required by any competent authority for <br />the CONTRACTOR(S) to perform the subject work. <br />3. Indemnification. The CONTRACTOR(S) shall indemnify and hold the TWDB and the <br />State of Texas harmless, to the extent the CONTRACTOR(S) may do so in accordance <br />with state law, from any and all losses, damages, liability, or claims therefore, on account <br />of personal injury, death, or property damage of any nature whatsoever caused by the <br />CONTRACTOR(S), arising out of the activities and work conducted pursuant to this <br />CONTRACT. The CONTRACTOR(S) is /are solely responsible for liability arising out <br />of its negligent acts or omissions during the performance of this CONTRACT. This <br />agreement does not create any third party cause of action and the CONTRACTOR(S) <br />does not waive any immunity available under state law. <br />ARTICLE IX SEVERANCE PROVISION <br />Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or for <br />any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable <br />from the remainder of this CONTRACT and shall not affect the validity of all other provisions of <br />this CONTRACT which shall remain of full force and effect. <br />ARTICLE X GENERAL TERMS AND CONDITIONS <br />1. GENERAL TERMS <br />a. No Debt Against the State. This CONTRACT does not create any debt by or on <br />behalf of the State of Texas and the TWDB. The TWDB's obligations under this <br />CONTRACT are contingent upon the availability of appropriated funds and the <br />continued legal authority of the TWDB to enter into this CONTRACT. <br />b. Independent Contractor. Both parties hereto, in the performance of this <br />contract, shall act in an individual capacity and not as agents, employees, partners, <br />joint ventures or associates of one another. The employees or agents of one party <br />shall not be deemed or construed to be the employees or agents of the other party <br />for any purposes whatsoever. <br />Section ll, Page 10 <br />