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<br />e <br /> <br />e <br /> <br />against any and all suits, actions, legal proceedings, <br />claims, demands, damages, costs, expenses and attorney's fees <br />incident to any work done in the performance of this <br />Agreement, including damages, claims or penalties arising <br />from the disposal of any waste by the Contractor, arising <br />from, the failure of the Contractor to comply with federal, <br />state or local laws, rules and regulations relating to the <br />disposal of any waste, or arising out of a willful or <br />negligent act or omission of the Contractor, its officers, <br />agents, servants and employees. However, the Contractor <br />shall not be liable for any suits, actions, legal <br />proceedings, claims, demands, damages, costs, expenses and <br />attorney's fees arising out of a willful or negligent act or <br />omission of the City, its officers, agents, servants and <br />employees. <br /> <br />(V) MISCF.T,T.ANEOUS PROVISIONS <br /> <br />(A) This Agreement shall be governed by the laws of the <br />State of Texas. Should any disagreement occur concerning the <br />Agreement, the parties agree that the venue for settling such <br />disputes, including claims and suits, shall be Harris County, <br />Texas. <br /> <br />(B) All written notices shall be served by registered or <br />certified mail to the parties, return receipt requested, as <br />follows: <br /> <br />!:i.Ql <br /> <br />Contractor <br /> <br />City Manager <br />City of La Porte <br />P.O. Box 1115 <br />La Porte, Texas 77571 <br /> <br />President <br />Waste Corporation of Texas <br />1 River Way, Suite 1400 <br />Houston, Texas 77056 <br /> <br />(C) Other than by operation of law, no assignment of the <br />Agreement or any other right accruing under this Agreement <br />shall be made, in whole or on part, without the express <br />written consent of the City. The City agrees to not <br />unreasonably withhold consent of assignment. In the event of <br />assignment, the assignee agrees to assume all terms and <br />conditions of the Agreement. <br /> <br />(D) The relationship between the parties shall be that of an <br />Independent Contractor. Nothing herein contained shall be <br />construed to mean that the Contractor is an employee, agent, <br />servant or department of the City. <br />(E) The Agreement shall not bestow any rights upon any third <br />party, but rather, shall bind the City and the Contractor <br /> <br />5 <br />