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<br />this Agreement. Such amount shall be paid by the Owner upon the <br />Consultant's delivering or otherwise making available to the Owner, <br />all data, drawings, analytical reports, estimates, summaries, and <br />such other information and materials as may have been accumulated <br />by the Consultant in performing the services included in this <br />Agreement, whether completed or in progress. The expense of the <br />reproduction 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 <br />of Texas, and exclusive venue for any dispute arising hereunder <br />shall lie in Hays County, Texas. <br />7.2 As between the parties to this Agreement, as to all acts <br />or failures to act by either party to this Agreement, any <br />applicable statute of limitations shall commence to run and any <br />alleged cause of action shall be deemed to have accrued when the <br />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 />7.3 The Consultant hereby agrees to protect, defend, and <br />indemnify the Owner and its employees, agents, officers, and <br />servants, in proportion to Consultant's degree of responsibility, <br />from any and all losses, costs, damages, or expenses of every kind <br />claimed by anyone for personal injuries, death, or damages to <br />property, and without limitation by enumeration, all other claims, <br /> -7- <br />