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be amended to include additional services,or for other reasons,by mutual consent of the parties in the form <br /> of an Authorization of Change in Services (Attachment B). Any such amendment must be in writing and <br /> executed by both parties. <br /> Section 8.14 Written Assurances <br /> Whenever one party to this Contract, in good faith, has reason to question the other party's intent to <br /> perform, the former may demand that the other party give written assurance of intent to perform. In the <br /> event that a demand is made and no such assurance is received within five(5)business days,the demanding <br /> party may treat this failure as an anticipatory repudiation of this Contract. <br /> Section 8.15 Smoke-Free <br /> The Contractor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013-57, <br /> as amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All <br /> Consultants,their subconsultants and employees are prohibited from smoking while on City property. This <br /> prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and <br /> windows of City-owned or rented buildings, all City parks and the grounds outside of any City building. <br /> This prohibition includes e-cigarettes and other inhaled vapor devices. The City may terminate this <br /> Contract for noncompliance with this ordinance. <br /> ARTICLE 9 <br /> INSURANCE,INDEMNITY AND BONDS <br /> Section 9.1 Indemnity <br /> The Contractor will indemnify, hold harmless and defend the City and its employees, agents, <br /> officers and servants from any and all lawsuits, claims, demands and causes of action of any kind <br /> arising from the negligent or intentional wrongful acts of the Contractor, its employees, <br /> subcontractors or agents.This will include,but not be limited to,the amounts of judgments,penalties, <br /> interest, court costs, legal fees, and all other expenses incurred by the City arising in favor of any <br /> party, including the amounts of any damages or awards resulting from claims demands and causes <br /> of action for personal injuries, death or damages to property, alleged or actual infringement of <br /> patents, copyrights, and trademarks and without limitation by enumeration, all other claims, <br /> demands, or causes of action of every character occurring, resulting,or arising from any negligent <br /> or intentional wrongful act,error or omission of the Contractor and/or its agents and/or employees. <br /> This obligation of the Contractor will not be limited by reason of the specification of any particular <br /> insurance coverage in this Contract. <br /> Section 8.2 Insurance <br /> The Contractor will procure and maintain at its expense insurance in the kinds and amounts hereinafter <br /> provided with insurance companies authorized to do business in the State of Texas,covering all operations <br /> under this Contract, whether performed by the Contractor or its agents, subcontractors or employees. <br /> Before commencing the work, the Contractor will furnish to the City a certificate or certificates in form <br /> satisfactory to the City,showing that the Contractor has complied with this paragraph. All certificates will <br /> provide that the policy will not be materially changed or canceled until at least 30 calendar days written <br /> notice has been given to the City, and will name the City as an additional insured on all policies except <br /> workers'compensation.The kinds and minimum amounts of insurance required are as follows. Failure of <br /> the Contractor to demand a certificate or other sufficient evidence of full compliance with these insurance <br /> requirements or failure of the Contractor to identify a deficiency from the evidence that is provided as proof <br /> 21 <br />