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<br />Each party may participate in the defense of a claim or suit affecting the FTA <br />Program, but no costs or expenses shall be incurred for any party by the other <br />party without the other parties' written consent. <br /> <br />To the extent authorized by law, the local political subdivision agrees to <br />indemnify and hold harmless the TOPS against any claims, suits, actions, <br />damages and costs of every nature or description arising out of or resulting from <br />the performance of this Contract, and the local political subdivision further agrees <br />to satisfy any final judgement awarded against the local political subdivision or <br />the TOPS arising from the performance of this Contract, provided said claim, suit, <br />action, damage, judgement or related cost is not attributed by the judgement of a <br />court of competent jurisdiction to the sole negligence of the TOPS. <br /> <br />It is the agreement of the parties that any litigation involving the parties to this <br />Contract may not be compromised or settled without the express consent of the <br />TOPS, unless such litigation does not name the TOPS as a party. <br /> <br />This section is subject to the statutory rights and duties of the Attorney General <br />for the State of Texas. <br /> <br />XIV. Contract Modification <br /> <br />No modifications, amendments or supplements to, or waivers of, any provision of <br />this Contract shall be valid unless made in writing and executed in the same <br />manner as this Contract. <br /> <br />XV. Severability <br /> <br />If any provision of this Contract is held to be illegal, invalid or unenforceable <br />under present or future laws effective during the term hereof, such provision shall <br />be fully severable. This Contract shall be construed and enforced as if such <br />illegal, invalid or unenforceable provision had never comprised a part hereof, and <br />the remaining provisions shall remain in full force and effect and shall not be <br />affected by the illegal, invalid or unenforceable provision or by its severance <br />therefrom. <br /> <br />XVI. Multiple Counterparts <br /> <br />This agreement may be executed in a number of identical counterparts, each of <br />which shall be deemed an original for all purposes and all of which constitutes, <br />collectively, one agreement. But, in making proof of this agreement, it shall not <br />be necessary to produce or account for more than one such counterpart. <br /> <br />Revised (11/04) <br /> <br />6 <br />