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DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759
<br />Attachment C
<br />GLO Contract No. 22-119-004-D374
<br />Page 5 of 9
<br />24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES
<br />GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
<br />THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD
<br />HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS,
<br />AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,
<br />AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,
<br />DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND
<br />EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS
<br />OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
<br />FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
<br />PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED
<br />UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
<br />SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN
<br />TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
<br />SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
<br />OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
<br />GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN
<br />NOTICE TO EACH OTHER OF ANY SUCH CLAIM.*
<br />25.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES
<br />GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
<br />THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS
<br />THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS,
<br />EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR
<br />DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR
<br />SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND
<br />EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING
<br />FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL
<br />MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR
<br />OTHERWISE RELATED TO SUBRECIPIENT' S PERFORMANCE, AND/OR FAILURES
<br />TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS
<br />AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,
<br />CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY
<br />OVER WHICH SUBRECIPIENT EXERCISES CONTROL, OR SUPPLIERS OF
<br />SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
<br />CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
<br />THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
<br />AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT
<br />MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
<br />CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.
<br />SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO
<br />EACH OTHER OF ANY SUCH CLAIM.*
<br />26. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND,
<br />INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM
<br />AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR
<br />INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET
<br />OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE
<br />* This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251.
<br />Rev. 12/9/2021
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