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the tortious conduct of the agents and employees of Consultant or for injuries caused by conditions
<br />of tangible state property is provided solely by the provisions of the Texas Tort Claims Act (Texas
<br />Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation
<br />Insurance coverage for employees of Consultant is provided by Consultant as mandated by the
<br />provisions of Chapter 502, Texas Labor Code. Consultant shall have the right, at its option, to (a)
<br />obtain liability insurance protecting Consultant and its employees and property insurance
<br />protecting Consultant's buildings and contents, to the extent authorized by Section 51.966, Texas
<br />Education Code, or other law, or (b) self -insure against any risk that may be incurred by Consultant
<br />as a result of its operations under this Agreement.
<br />7. INDEMNIFICATION
<br />To the extent permitted by the Constitution and the laws of the State of Texas and without waiving
<br />sovereign immunity, Consultant agrees to defend, and shall indemnify and hold harmless the City,
<br />its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)
<br />for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out
<br />of claims for personal injury, including death, and claims for property damage, which may arise
<br />from the negligent operations of the Consultant, its subcontractors, agents, employees, or other
<br />persons acting on its behalf which relates to the services described in section 1 of this Agreement;
<br />and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />To the extent permitted by the Constitution and the laws of the State of Texas and without
<br />waiving sovereign immunity, Consultant shall defend and indemnify the City, its officers, agents,
<br />representatives, and employees against any and all liability, including costs, for infringement of
<br />any United States' letters patent, trademark, or copyright infringement, including costs, contained
<br />in the workproduct or documents provided by Consultant to the City pursuant to this Agreement.
<br />25C-5
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