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<br />the result of ENGINEER'S negligence or breach of this contract. <br /> <br />The <br /> <br />ENGINEER <br /> <br />shall <br /> <br />have <br /> <br />control <br /> <br />and <br /> <br />authority <br /> <br />over <br /> <br />all <br /> <br />functions, <br /> <br />activities and/or actions which are done or should be done jointly by <br /> <br />the OWNER and ENGINEER and the ENGINEER shall indemnify the OWNER from <br /> <br />damages resulting from said joint activities or actions provided that <br /> <br />the OWNER makes the ENGINEER aware of <br /> <br />its actions prior to their <br /> <br />occurrence, <br /> <br />or provided that the ENGINEER exercising due diligence <br /> <br />should have known of the actions, or that the ENGINEER does not inform <br /> <br />the OWNER that such action may be to the OWNER 1 S detriment. <br /> <br />Said <br /> <br />indemnity and hold harmless provision shall not be limited by reason of <br /> <br />the specification of any particular insurance coverage in the Contract <br /> <br />Documents. <br /> <br />ENGINEER further agrees to obtain from its contractors, <br /> <br />subcontractors, and consultants the same indemnification in writing of <br /> <br />OWNER as stated hereinabove. <br /> <br />9.5 <br /> <br />The Engineer agrees to procure and maintain at Engineer 1 s <br /> <br />expense until final payment by the Owner for services covered by this <br /> <br />Agreement, insurance in the kinds and amounts hereinafter provided with <br /> <br />insurance companies authorized to do business in the state of Texas, <br /> <br />covering all <br /> <br />operations under this Agreement, <br /> <br />whether performed by <br /> <br />Engineer or Engineer's agents or employees. <br /> <br />Before commencing the Work <br /> <br />the Engineer shall furnish to the Owner a certificate or certificates <br /> <br />in form satisfactory to the Owner, showing that Engineer has complied <br /> <br />wi th this paragraph. <br /> <br />All certificates shall provide that the policy <br /> <br />shall not be changed or cancelled until at least thirty <br /> <br />( 30) <br /> <br />days' <br /> <br />written notice shall have been given to the Owner. <br /> <br />Kinds and amounts <br /> <br />of insurance required are as follows: <br /> <br />Workmen's <br /> <br />Compensation <br /> <br />Insurance: <br /> <br />Workmen's <br /> <br />Compensation <br /> <br />Insurance for Engineer's employees in accordance with the provisions of <br /> <br />the Workmen's Compensation Act of the state of Texas. <br /> <br />Liability Insurance: <br />Automobile Liability Insurance in an amount not less than $250,000 for <br /> <br />injuries to anyone person and $500,000 on account of anyone accident <br /> <br />and in an amount of not less than $100,000 for prope.rty damage to <br /> <br />protect the Engineer <br /> <br />and the Engineer's <br /> <br />agents <br /> <br />and employees <br /> <br />from <br /> <br />claims which may arise from services rendered under the Agreement, <br /> <br />-16- <br />