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<br />4.2 In the event of termination as provided in this Article, P.S.!. <br />shall be compensated by OWNER for all services performed up to and <br />including the termination date, which are deemed by OWNER to be in <br />accordance with this agreement, including reimbursable expenses. Such <br />amount shall be paid by the OWNER upon P.S.I.'s delivering or otherwise <br />making available to OWNER, all data, reports, summaries, and such other <br />information and materials as may have been accumulated by P.S.I. in <br />performing the services included in this Agreement, whether completed <br />or ~n progress. <br /> AR~ICLE 5 <br /> IIISCELLAREOUS PROVISIONS <br />5.1 P.S.!. shall provide all services under the terms of this <br />\greement as an independent contractor of OWNER. <br />5.2 P.S.!. hereby agrees to hold harmless, defend, and indemnify the <br />OWNER against all claims arising from work performed hereunder <br />including, but not limited to any negligent act or omission of the <br />OWNER, its officers, employees, agents or assigns. Except to the <br />extent specifically addressed in paragraph 2.3, OWNER agrees to hold <br />P.S.I., its officers, employees, and agents harmless from any and all <br />claims, suits, losses, costs and expenses, including but not limited to <br />court costs and reasonable attorneys' fees arising or alleging to have <br />arisen out of the performance of P.S.I.'s work. <br />5.3 In performing the services required hereunder, P.S.!. shall not <br />discriminate against any person on the basis of race, color, religion, <br />sex, national origin, age or physical handicap. <br />5.4 All references in this Agreement to any particular gender are for <br />convenience only and shall be construed and interpreted to be of the <br />neuter gender. <br />5.5 Should any provision herein be deemed to be invalid by a court of <br />competent jurisdiction, this Agreemeht shall be construed as not <br />containing the provision, and all other provisions which are otherwise <br />lawful shall remain in full force and effect, and to this end the <br />provisions of this Agreement are declared to be severable. <br />5.6 All services provided pursuant to this Agreement are for the <br />exclusive use and benefit of OWNER. <br />5.7 In performing this Agreement, P.S.!. shall comply with all local, <br />state and federal laws. <br />5.8 This agreement shall be governed by the laws of the State of <br />Texas, and exclusive venue for any legal action initiated in connection <br />with this agreement shall be in Hays County, Texas. <br /> AR~ICLE 6 <br /> SUCCESSORS AIm ASSIGNS <br />6.1 The OWNER and the P.S.!., respectively, bind themselves, their <br />successors and assigns to the other party to this Agreement with <br />respect to all covenants of this Agreement. Neither the OWNER nor <br />