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Res 1990-045
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Res 1990-045
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Last modified
7/23/2007 11:49:06 AM
Creation date
7/23/2007 11:49:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1990-45
Date
4/23/1990
Volume Book
97
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<br /> 7.1.4 There are not understandings or agreements except as <br /> herein expressly stated, and this AGREEMENT may be modified only <br /> upon agreement of the parties hereto, as evidenced in writing. <br /> 7.1.5 In performing this AGREEMENT, the CONSULTANT and <br /> subcontractors shall comply with all local, state and Federal <br /> laws. <br /> 7.1.6 This AGREEMENT shall be governed by the laws of the <br /> State of Texas. <br /> 7.1.7 CONSULTANT hereby agrees to hold harmless, defend, and <br /> indemnify the OWNER and its employees, agents, officers and <br /> servants from all claims, demands and causes of action including, <br /> but not limited to, the amounts of judgments, penalties, court <br /> costs, legal fees, and other expenses incurred by OWNER in favor <br /> of any party, resulting, or arising from any negligent or <br /> intentional wrongful act, error or omission of CONSULTANT or its <br /> agents or employees. CONSULTANT agrees to investigate, and defend <br /> any such claims, demand, or suit at the sole expense of <br /> CONSULTANT. The indemnity shall not be limited by reason of the <br /> specification of any particular insurance coverage in this <br /> AGREEMENT. CONSULTANT further agrees to obtain from its <br /> contractors, subcontractors and consultants the same <br /> indemnification in writing of OWNER as stated hereinabove. <br /> 7.1.9 CONSULTANT is not responsible, and liability is waived <br /> by the OWNER against CONSULTANT, for use by OWNER of any plans or <br /> drawings not signed and sealed by CONSULTANT. <br /> ARTICLE 8 <br /> CONTROL BY OWNER <br /> 8.1.1 It is understood and agreed that the OWNER shall <br /> instruct the CONSULTANT, in writing, to proceed with the Work, <br /> except that the execution of the contract shall serve as authority <br /> to proceed with the work included in Phase 1. <br /> 8.1.2 It is also understood that the CONSULTANT will not <br /> furnish construction line and grade surveys unless the OWNER so <br /> instructs the CONSULTANT, in writing, to do so. <br /> ARTICLE 9 <br /> CONTRACT NOT ASSIGNABLE <br /> 9.1.1 This Agreement shall not be assignable in whole or in <br /> part without the consent of the OWNER. <br /> ARTICLE 10 <br /> ACCESS TO RECORDS <br /> 10. 1. 1 The OWNER, the FAA, the Comptroller General of the <br /> United States, or any of their duly authorized representatives <br /> -13- <br />
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