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ARTICLE 13. FUNDING OUT <br />As applicable to this Agreement, the Performing Parry understands that funds for the payment for <br />work performed by the Performing Parry under this Agreement have been provided through the <br />City's budget approved by City Council for the current fiscal year only. State statutes prohibit <br />the obligation and expenditure of public funds beyond the fiscal year for which a budget has been <br />approved. The City cannot guarantee the availability of funds, and enters into this Agreement <br />only to the extent such funds are made available. The Performing Parry acknowledges and agrees <br />that it will have no recourse against the City for its failure to appropriate funds for the purposes <br />of this Agreement in any fiscal year other than the year in which this Agreement was executed. <br />The fiscal year for the City extends from October 1st of each calendar year to September 30th of <br />the following calendar year. <br />ARTICLE 14. INSURANCE AND INDEMNITY <br />The Performing Parry will hold harmless, indemnify and defend the Receiving Party and <br />its employees, agents, officers and servants from any and all lawsuits, claims, demands and <br />causes of action of any kind arising from the negligent or intentional acts, errors, or omissions of <br />the Performing 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 incurred by the Receiving Parry arising in favor of any parry, including the amounts of <br />any damages or awards resulting from claims, demands, and causes of action for personal <br />injuries, death, or damages to property. <br />The Performing Party will procure and maintain at its expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by the Performing Party or its agents, subcontractors, or <br />employees. Before commencing the work, the Performing Parry will furnish to the Receiving <br />Parry a certificate or certificates in a form satisfactory to the Receiving Party showing that the <br />Performing Party has complied with this paragraph. All certificates will provide that the policy <br />will not be changed or canceled until at least thirty (30) calendar days written notice will have <br />been given to the Receiving Parry. Commercial general liability insurance and motor vehicle <br />insurance will be written with the City of San Marcos, Texas, as an additional insured and will be <br />endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and <br />amounts of insurance required are as follows: <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <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; and (2) motor <br />vehicle liability insurance in an amount not less than $250,000 for injuries to any one <br />person, $500,000 on account of any one accident and in an amount of not less than <br />$250,000 for property damage. <br />rd <br />