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ARTICLE 12. GOVERNING LAWS AND VENUE <br /> This Agreement will be construed under and in accordance with the laws of the State of <br /> Texas. Any legal actions regarding the parties' obligations and any matters whatsoever arising <br /> from this Agreement will be filed and maintained in Hays County, Texas. <br /> ARTICLE 13. PRIOR AGREEMENTS SUPERSEDED <br /> This Agreement constitutes the sole and only agreement of the parties hereto and <br /> supersedes any prior understandings or written or oral agreements between the parties respecting <br /> this subject matter. <br /> ARTICLE 14. INSURANCE AND INDEMNITY <br /> The Performing Party 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 Party arising in favor of any party, including the amounts of <br /> any damages or awards resulting from claims, demands and causes of action for personal injuries, <br /> 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 Party will furnish to the Receiving <br /> Party 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) days written notice will have been given <br /> to the Receiving Party. Commercial general liability insurance and motor vehicle insurance will <br /> be written with the City of San Marcos, Texas, as an additional insured and will be endorsed to <br /> provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of <br /> 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 $1,000,000 for each occurrence and $1,000,000 in the aggregate, (2) Motor <br /> Vehicle liability insurance in an amount not less than $1,000,000 for injuries to any one <br /> person, $1,000,000 on account of any one accident and in an amount of not less than <br /> $1,000,000 for property damage. <br /> 44 <br />