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1 , ' ' . . <br /> and supersedes all prior negotiations, statement or agreement, either written or oral. <br /> This Agreement may be amended only by written instrument signed by both Client <br /> and Consultant. <br /> B. In the event that any term or provision of this agreement is found to be void, invalid or <br /> unenforceable for any reason, that term or provision shall be deemed to be stricken <br /> from this agreement, and the balance of this agreement shall survive and remain <br /> enforceable. <br /> ARTICLE 12 INDEMNIFICATION <br /> A. Client agrees to indemnify, defend and hold Consultant harmless from any and all ! <br /> claims, liabilities, suits, demands, losses, costs and expenses, including reasonable ' <br /> attorney's fees and legal expenses and fees accruing or resulting to any persons, <br />� firms, or any other legal entities on account of any damages or losses to property or <br /> persons, including injury or death, or economic losses arising out of the Project and/or ' <br /> the performance or non performance of obligations under this Agreement, except to <br /> the extent such damages or losses are found by a court or forum of competent <br /> jurisdiction to be caused by the ConsultanYs negligent errors or omissions. <br /> ARTICLE 13 EXPIRATION OF PROPOSAL <br /> A. If this agreement is not accepted with 30 days, the offer to perForm the described <br /> services is withdrawn and shall be null and void. <br /> B. Acceptance of this agreement by the signature of an authorized representative of <br /> each party will effect a contract with the above conditions. <br /> � <br /> �� <br /> City of D ur Massie Massie & Associates, Inc. <br /> Sue Massie, MMA President <br /> rry M. How , yor <br /> ate: ne 19, 2002 date: � � � � ,U °� <br /> ATTEST: <br /> �,�1� , <br /> <� �Cl/�2�� <br /> Celeste Harris, City Clerk <br /> date: June 19, 2002 <br />