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This Agreement constitutes the sole and only agreement of the parties hereto and <br />supercedes any prior understandings or written or oral agreements between the parties respecting <br />this subject matter. <br />ARTICLE 13. 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 work, the Performing Party will furnish to the Receiving Party a <br />certificate or certificates in a form satisfactory to the Receiving Party showing that the Performing <br />Party has complied with this paragraph. All certificates will provide that the policy will not be <br />changed or cancelled until at least thirty (30) days written notice will have been given to the <br />Receiving Party. Commercial general liability insurance and motor vehicle insurance will be <br />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, and (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 />The stated limits of insurance required by this Paragraph are minimum only and it will be <br />the Performing Party's responsibility to determine what limits are adequate. These limits may be <br />