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<br /> AR~ICLE 9 <br /> IIISClU.T .AJŒOUS PROVISIOBS <br /> <br /> 9.1 Unless otherwise specified, this Agreement shall be <br /> governed by the law of the State of Texas, and exclusive venue for <br /> any legal action arising under this Agreement shall be in Hays <br /> County, Texas. <br /> 9.2 Terms in this Agreement shall have the same meanings as <br /> those in the construction contract documents executed by the <br /> Owner and Contractor for this Project. <br /> 9.3 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 in any and <br /> all events when the party commencing the cause of action knew or <br /> should have known of the existence of the incident giving rise to <br /> the cause of action. <br /> 9.4 Indemnification: <br /> The the Engineer hereby assumes the risk of and agrees <br /> to indemnify and hold harmless the Owner a,gainst all liability, <br /> damages, expenses, attorney's fees and costs for injuries to and <br /> deaths of persons whomsoever, including employees of the Owner and <br /> the Engineer, and all damages to and destruction of property <br /> whatsoever, including property of the Owner and the Engineer, <br /> resulting from the Engineer's negligent performance of work in <br /> connection with this Project (as specified and required in this <br /> contract) unless caused solely and directly by the negligence of <br /> -18- <br />