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Res 2007-175
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Res 2007-175
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Last modified
2/25/2008 2:49:18 PM
Creation date
9/20/2007 1:21:23 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-175
Date
9/18/2007
Volume Book
173
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<br />ARTICLE 13 INSURANCE AND INDEMNITY <br /> <br />The Perfonlllng Party will hold hannless, indemnify and defend the ReceIvmg Party and <br />its employees, agents, officers and servants from any and all lawsuits, clanns, demands and <br />causes of action of any kind arismg from the negligent or intentIOnal acts, errors or omissions of <br />the Perfonning Party, Its officers,_employees or agents. This will include, but not be limited to, <br />the amounts of judgments, penaltIes, interest, court costs, reasonable legal fees, and all other <br />expenses mcurred by the Receivmg Party arIsing in favor of any party, including the amounts of <br />any damages or awards resulting from clanns, demands and causes of action for personal injuries, <br />death or damages to property. <br /> <br />The Perfonlllng Party wIll procure and maintain at its expense msurance with insurance <br />companIes authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether perfonned by the Perfonning Party or its agents, subcontractors or <br />employees. Before commencing the work the Perfonning Party will furnish to the Receiving <br />Party a certIficate or certIficates m a fonn satisfactory to the ReceIving Party, showing that <br />Perfonning Party has complied with thIS paragraph. All certificates will provide that the policy <br />will not be canceled untIl at least 30 days written notIce has been given to the Receiving Party, <br />and will name the Receivmg Party as an addItIonal insured on all coverages except workers' <br />compensation. The kinds and amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br />Liability Insurance: (1) CommerCIal general liability insurance WIth a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle <br />lIability msurance in an amount not less than $250,000 for mJUrIes to anyone person, <br />$500,000 on account of anyone accident and m an amount of not less than $250,000 for <br />property damage. <br /> <br />The stated lImIts of insurance required by this Paragraph are minimum only- and it WIll <br />be the Perfonning Party's responsibIlIty to detennine what limits are adequate. These lImIts may <br />be met by basic polIcy limits or any combination of basic lImIts and umbrella limits. The <br />Receiving Party's acceptance of certificates of insurance that do not comply with these <br />reqUIrements in any respect does not release the Perfonlllng Party from compliance WIth these <br />requirements. <br /> <br />ARTICLE 14. NOTICE TO PARTIES <br /> <br />NotIce to be effective under this contract must be in writing and received by the party against <br />whom it is to operate. NotIce is receIVed by a party as follows: (1) when it is delivered to the <br />party personally; (2) on the date shown on the return receipt if mailed by registered or certified <br />mail, return receipt requested, to the party's address specified in this Article 14 and signed on <br />behalf of the party; or (3) three busmess days after its deposit m the United States mail, with <br /> <br />4 <br />
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