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that is provided as proof of insurance will not be capacity. <br /> construed as a waiver of the Contractor's obligation <br /> to maintain the required insurance coverage specified 14. Remedies; No Waiver. In the event of a default <br /> herein. Commercial general liability and motor or breach of the Agreement by the Contractor, the <br /> vehicle insurance will be written with the City as an City reserves the right to choose among the remedies <br /> additional insured and will be endorsed to provide a for the default or breach available to the City. These <br /> waiver of the carrier's right of subrogation against the remedies may be used in conjunction with one <br /> City. The kinds and amounts of insurance required another or separately, and together with any other <br /> are as follows: statutory or common law remedies available to the <br /> City. Any failure by the City to enforce this <br /> Workers'Compensation Insurance and/or Employer's Agreement with respect to one or more defaults by <br /> Liability: In accordance with the provisions of the the Contractor will not waive the City's ability to <br /> Workers' Compensation Act of the State of Texas enforce the Agreement after that time. <br /> and/or $500,000.00/$500,000.00 for Employer's <br /> Liability. 15. "Green" Procurement <br /> Liability Insurance: (1) Commercial general It is the City's intent to be proactive with regard to <br /> liability insurance (standard ISO version) with a the environment. The City encourages "Value <br /> combined single limit of $1,000,000 for each Purchasing" of environmentally friendly products. <br /> occurrence and $1,000,000 in the aggregate, The Contractor is encouraged to identify and utilize <br /> providing coverage for, but not limited to, bodily green solutions in performing any services under the <br /> injury and property damage, premises /operations, Agreement,as appropriate. <br /> products/completed operations, independent <br /> contractors as applicable. (2) Business Motor 16. Funding Out <br /> Vehicle liability insurance (standard ISO version) in <br /> an amount not less than $1,000,000 per occurrence As applicable to this Agreement, the Contractor <br /> Should the Contractor not own any automobiles, the understands that funds for the payment for work <br /> business auto liability requirement will be amended to performed by the Contractor under this Agreement <br /> allow the Contractor to agree to maintain only Hired have been provided through the City's budget <br /> and Non-Owned Auto Liability. This amended approved by City Council for the current fiscal year <br /> coverage requirement may be satisfied by way of only. State statutes prohibit the obligation and <br /> endorsement to the Commercial General Liability or expenditure of public funds beyond the fiscal year for <br /> separate Business Auto Policy. which a budget has been approved. The City cannot <br /> (d) The stated limits of insurance required by this guarantee the availability of funds, and enters into <br /> Section are minimum only--they do not limit the this Agreement only to the extent such funds are <br /> Contractor's indemnity obligation, and it will be the made available. The Contractor acknowledges and <br /> Contractor's responsibility to determine what limits agrees that it will have no recourse against the City <br /> are adequate. These limits may be met by basic for its failure to appropriate funds for the purposes of <br /> policy limits or any combination of basic limits and this Agreement in any fiscal year other than the year <br /> umbrella limits. The City's acceptance of certificates in which this Agreement was executed. The fiscal <br /> of insurance that do not comply with these year for the City extends from October 1st of each <br /> requirements in any respect does not release the calendar year to September 30th of the following <br /> Contractor from compliance with these requirements. calendar year. <br /> 13. No Waiver of Immunity 17. Safety <br /> The City's execution of and performance under this As applicable, the work to be performed under this <br /> Agreement will not act as a waiver by the City of any contract will be performed entirely at the Contractor's <br /> immunity from suit or liability to which it is entitled risk. The Contractor will be responsible for <br /> under applicable law. The parties acknowledge that initiating, maintaining, and supervising all safety <br /> the City, in executing and performing this Agreement, precautions and programs in connection with the <br /> is a governmental entity acting in a governmental work to be performed under this contract. The <br /> Ts&Cs High Tech Procurement 2015 <br /> 4 <br />