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<br /> 7.3 In the event of termination as provided in this Article, the <br /> ENGINEER shall be compensated for all services performed to termination <br /> date which are deemed by the CITY to be in accordance with this <br /> Agreement. Such amount shall be paid by the CITY upon the ENGINEER's <br /> delivering or otherwise making available to the CITY, all data, <br /> drawings, specifications, reports, estimates, summaries, and such other <br /> information and materials as may have been accumulated by the ENGINEER <br /> in performing the services included in this Agreement, whether <br /> completed or in progress. The expense of the reproduction of these <br /> items shall be borne by the CITY. <br /> ARTICLE 8 <br /> IIISCRT.T.AJŒOUS PROVISIONS <br /> 8.1 This Agreement shall be governed by the law of the State of <br /> Texas. Exclusive venue for any dispute arising under this Agreement <br /> shall be in Hays County, Texas. <br /> 8.2 As between the parties to this Agreement, as to all acts or <br /> failures to act by either party to this Agreement, any applicable <br /> statute of limitations shall commence to run and any alleged cause of <br /> action shall be deemed to have accrued in any and all events when the <br /> party commencing said cause of action knew or should have known of the <br /> existence of the subject acts(s) or failure(s) to act. <br /> 8.3 The ENGINEER hereby agrees to indemnify the CITY and its <br /> employees, agents, officers and servants from any and all lawsuits, <br /> claims, demands and causes of action of any kind arising from the <br /> negligent or intentional wrongful acts of the ENGINEER, its employees <br /> or agents. This shall include, but not be limited to, the amounts of <br /> judgments, penalties, interests, court costs, legal fees, and all other <br /> expenses incurred by the CITY arising in favor of any party, including <br /> the amounts of any damages or awards resulting from claims, demands and <br /> causes of action for personal injuries, death or damages to property <br /> and without limitation by enumeration, all other claims, demands, or <br /> causes of action of every character occurring, resulting, or arising <br /> from any negligent or intentional wrongful act, error or omission of <br /> the ENGINEER and/or its agents and/or employees. This Agreement by <br /> ENGINEER shall not be limited by reason of the specification of any <br /> particular insurance coverage in this Agreement. <br />