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subconsultants as they relate to the terminated work, and (c) be paid the following amounts without <br />duplication, subject to the other terms of this contract: (i) contract prices for supplies or services <br />accepted under the agreement (ii) costs incurred in performing the terminated portion of the work, <br />and (iii) any other reasonable costs that the Consultant can demonstrate to the satisfaction of the <br />City, using its standard record keeping system, have resulted from the termination, The Consultant <br />will not be paid for any work performed or costs incurred that reasonably could have been avoided. <br />As a condition of payment, the Consultant will submit within three months of the effective date of <br />the termination a claim specifying the amounts due because of the termination. The absence of an <br />appropriate termination for convenience clause in any subcontract will not increase the obligation <br />of the City beyond what it would have been had the subcontract contained such a clause. <br />ARTICLE 8 <br />INSURANCE AND INDEMNITY <br />8.1 The Consultant will indemnify, hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action <br />of any kind arising solely from the negligent or intentional wrongful acts or omissions of the <br />Consultant, its officers, employees or agents. This will include, but not be limited to, the <br />amounts of judgments, penalties, interest, court costs, reasonable legal fees, expert witness fees <br />and all other expenses incurred by the City arising in favor of any party, including the amounts <br />of any damages or awards resulting from claims demands and causes of action for personal <br />injuries, death or damages to property, alleged or actual infringement of patents, copyrights and <br />trademarks in the performance of the work or the incorporation in the work of any invention, <br />design, process, product or device and without limitation by enumeration, all other claims, <br />demands, or causes of action of every character occurring, resulting, or arising from any <br />negligent or intentional wrongful act, error or omission of the Consultant and/or its agents <br />and/or employees. This obligation by Consultant will not be limited because of the specification <br />of any particular insurance coverage in this Agreement. <br />8.2 The Consultant will procure and maintain at Consultant's 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 Consultant or Consultant's agents, subcontractors or <br />employees. Before commencing the work, the Consultant will furnish to the City a certificate or <br />certificates in form satisfactory to the City, showing that Consultant has complied with this <br />paragraph. All certificates will provide that the policy will not be changed or canceled until at <br />least 30 calendar days written notice has been given to the City. Failure of the Consultant to <br />demand a certificate or other sufficient evidence of full compliance with these insurance <br />requirements or failure of the Consultant to identify a deficiency from the evidence that is provided <br />as proof of insurance will not be construed as a waiver of the Consultant's obligation to maintain <br />the required insurance coverage specified herein. Commercial general liability insurance and <br />motor vehicle insurance will be written with the City of San Marcos, Texas as an additional insured <br />and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The <br />kinds and amounts of insurance required are as follows: <br />Kimley -Hom and Associates, Inc. Management Consulting Services 6/2016 <br />9 <br />