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<br />TEXAS TRAFFIC SAFElY PROGRAM CONTRACT <br />ARTICLE 8. GENERAL TERMS AND CONDmONS <br />GI. Indemnification <br />To the extent permitted by law, the Contractor, if other than a State agency, shall save <br />harmless the Department from all claims and liability due to the acts or omissions of the <br />Contractor, its agents or employees. The Contractor also agrees to save harmless the <br />Department from any and all expenses, including attorney fees, all court costs and awards for <br />damages, incurred by the Department in litigation or otherwise resisting such claims or <br />liabilities as a result of any activities of the Contractor, its agents or employees. <br />Further, to the extent permitted by law, the Contractor, if other than a State agency, agrees to <br />pròtect, indemnify, and save harmless the Department from and against all claims, demands <br />and causes of action of every kind and character brought by any employee of the Contractor <br />against the Department due to personal injuries and/or death to such employee resulting from <br />any al1eged negligent act, by either commission or omission on the part of the Contractor or <br />the Department. <br />G2. Inspection of Work <br />The Department and, when federal funds are involved, the U. S. Department of <br />Transportation, and any authorized representative thereof, have the right at all reasonable <br />times to inspect or otherwise evaluate the work performed or being performed hereunder and <br />the premises in which it is being performed. <br />If any inspection or evaluation is made on the premises of the Contractor or a subcontractor, <br />the Contractor shall provide and require his subcontractor to provide all reasonable facilities <br />and assistance for the safety and convenience of the inspectors in the performance of their <br />duties. All inspections and evaluations shall be performed in such a manner as will not unduly <br />delay the work. <br />G3. Disputes and Remedies <br />The Contractor shall be responsible for the settlement of all contractual and administrative <br />issues arising out of procurements entered in support of contract work. <br />Disputes concerning performance or payment shall be submitted -10 the Department for <br />settlement with the Engineer. Director acting as referee. <br />This agreement shan not be considered as specifying the exclusive remedy for any dispute or <br />violation or breach of contract terms, but all remedies existing at law and in equity may be <br />availed of by either party and shall be cumulative. <br />6/91 Page 5 of 13 <br />