City and Contractor. Project Manager will jointly coordinate day-to-day execution of the Project Schedule. City and Contractor Project Manager will collaboratively manage project scope, budgets, issues, risks, communications and Change Orders.
City and Contractor to the extent allowed by law do hereby covenant and contract to remedy through normal regulation or lawful means all claims of each party and all of its officials, officers, agents, employees and invitee of all liability, claims, suits, demands or causes of action, including all expenses of litigation and/or settlement, that may arise by reason of death of or injury to persons or damage to or loss of use of property occasioned by any wrongful intentional act or omission of parties as well as any negligent omission, act or error of both parties, its officials, officers, agents, employees and invitees, or other persons for whom each party is legally liable with regard to the performance of this Contract, whether said negligence is sole negligence, contractual comparative negligence, concurrent negligence or any other form of negligence. In the event of joint or concurrent negligence of CONTRACTOR and CITY, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas unless otherwise mutually agreed by CONTRACTOR and CITY. Nothing in this paragraph is intended to waive any defenses of CONTRACTOR or CITY under Texas law. This paragraph shall not be construed for the benefit of any third party, nor does it create or grant any right or cause of action in favor of any third party against CITY or CONTRACTOR.
