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(c) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY <br />SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS <br />DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES <br />OF THE STATE OF TEXAS. <br />(d) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY <br />SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS <br />NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. <br />(e) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT <br />COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE <br />CONTRACT OR ANY CLAIMED BREACH THEREOF. CONTRACTOR'S INDEMNITY <br />RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, <br />INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. <br />ARTICLE 13. INSURANCE <br />Contractor shall obtain and maintain the insurance coverage specified below on an occurrence-basis and <br />shall provide to LCRA an insurance certificate listing the coverage before starting Services on any LCRA <br />property. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING <br />CONTRACTOR'S LIABILITY UNDER THE INDEMNITY PROVISION. LCRA shall be listed as an <br />"additional named insured" on all policies other than the Workers' Compensation policies. Contractor for <br />itself and its insurers hereby waives subrogation against LCRA, its affiliates, their Boards of Directors, <br />directors, officers, employees and agents. Contractor's failure to maintain the required insurance coverage <br />at any time during the Contract period may be grounds for LCRA to suspend the Contract and withhold <br />payment until insurance coverage is satisfactory. In addition to any other required information, all insurance <br />certificates must contain the applicable purchase order number and project title. Failure to furnish or update <br />(as applicable) insurance certificates that comply with LCRA requirements may result in retraction of a <br />contract award, or suspension or termination for breach of contract. <br />Type of Insurance <br />Minimum Coverage <br />(a) Workers' Compensation <br />Coverage A - <br />Coverage B - <br />statutory <br />$250,000 employer's liability <br />(b) General Liability <br />Bodily Injury <br />Bodily Injury <br />Property Damage <br />$500,000 per person <br />$500,000 per occurrence <br />$500,000 per occurrence <br />(c) Automobile Liability <br />Bodily Injury <br />Property Damage <br />General Services RFP LR Revised 09/15/08 <br />Contract # <br />$500,000 per occurrence <br />$500,000 per occurrence <br />Page 5