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<br /> 72£ <br /> 6.3 In the event of termination as provided in this Article, the <br /> Consultant shall be compensated for all services performed to termination date <br /> which are deemed by Owner to be in accordance with this Agreement. Such amount <br /> sha 11 be paid by the Owner upon the Consultant's delivering or otherwise making <br /> available to the Owner, all data, drawings, analytical reports, estimates, <br /> summaries, and such other information and materials as may have been <br /> accumulated by the Consultant in performing the services included in this <br /> Agreement, whether completed or in progress. The expense of the reproduction <br /> of these items shall be borne by the Owner. <br /> " ARTICLE 7 <br /> MISCELLANEOUS PROVISIONS <br /> 7.1 This Agreement shall be governed by the law of the State of Texas, and <br /> exclusive venue for any dispute arising hereunder shall lie in Hay~ County, <br /> Texas. ~ <br /> 7.2 As between the parties to this Agreement, as to all acts or failures <br /> to act by either party to this Agreement, any applicable statute of limitations <br /> shall commence to run and any alleged cause of action shall be deemed to have <br /> accrued when the party commencing the cause of action first knew or should have <br /> known of the existence of the subject act(s) or failure(s) to act. <br /> , <br /> 7.3 The Consultant hereby agrees to protect, defend, and indemnify the <br /> Owner and its employees, agents, and officers from and against any and all <br /> lawsuits, claims, demands and causes of action of every kind claimed by anyone <br /> for personal injuries, death, or damages to property, arising from the <br /> negligent or intentional acts or omissions of the Consultant, its employees or <br /> agents. <br /> -6- <br />