Res 1985-081 - Laserfiche WebLink

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-14- 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject acts(s) or failure(s) to act. 11.4 The Architect hereby agrees to protect, defend, indemnify and hold the Owner and its employees, agents, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the Owner arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the Owner, death or damages to property (including property of the Owner) and without limitation by enumeration, all other claims or demands of every character occurring, resulting, or arising from any negligent act, error or omission of the Architect or its agents or employees. The Architect agrees to investigate and report to Owner about any such claims, demand, or suit, and Architect will be reimbursed as an additional service for any such investigation or report. This provision is not intended to create any cause of action in favor of any third party against the Architect or the Owner or to enlarge in any way the Architect's liability but is intended solely to provide for indemnification of the Owner from liability for damages or injuries to third persons or property arising from Architect's performance hereunder. The indemnity required hereunder shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 11.5 The Architect agrees to procure and maintain at its expense until final payment by the Owner for services covered by this Agreement, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by it or its agents or employees. Before commencing the Work the Architect shall furnish to the Owner a certificate or certificates in form satisfactory to the Owner, showing that it has complied with this paragraph. All certificates shall provide that the policy shall not be changed or cancelled until at least fifteen (15) days' written notice shall have been given to the Owner. Kinds and amounts of insurance required are as follows: