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E. The Engineer will indemnify, hold harmless and defend the City and all its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action of <br />any kind arising solely from the negligent or intentional wrongful acts or omissions of the <br />Engineer, its officers, employees or agents or by or on account of any claims or amounts <br />recovered under the Workers' Compensation Laws of Texas or any other law, ordinance, order <br />or decree, and its sureties will be held liable until such suit or suits, action or actions, claim or <br />claims for injury or damages as aforesaid have been settled and satisfactory evidence to that <br />effect has been furnished to the City. This will include, but not be limited to, the amounts of <br />judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred <br />by the City arising in favor of any party, including the amounts of any damages or awards <br />resulting from claims demands and causes of action for personal injuries, death or damages to <br />property alleged or actual infringement of patents, copyrights, and trademarks and without <br />limitation by enumeration, all other claims, demands, or causes of action of every character <br />occurring, resulting, or arising solely from any negligent or intentional wrongful act, error or <br />omission of the Engineer and/or its agents and/or employees. This obligation by Engineer will <br />not be limited because of the specification of any particular insurance coverage in this <br />Agreement. <br />ARTICLE 7 <br />INSURANCE <br />A. Coverage, The Engineer will procure and maintain on a primary basis, at the Engineer's <br />expense and for the duration of this Agreement insurance with insurance companies authorized <br />to do business in the State of Texas, covering all operations under this Agreement, whether <br />performed by Engineer or Engineer's agents, subcontractors or employees. Before commencing <br />the work, the Engineer will furnish to the City a certificate or certificates in form satisfactory to <br />the City (See Attachment D for example), showing that the Engineer has complied with this <br />paragraph. Before commencing the work and within five (5) business days of the City's award <br />of a contract, the Engineer must deliver to the City a certificate(s) of insurance evidencing that <br />such policies are in full force and effect. Failure to meet the stated insurance requirements and <br />provide the required certificate(s) and any necessary endorsements within five business days <br />may cause the contract to be terminated. The City reserves the right to obtain complete, <br />certified copies of all required insurance policies at any time. The stated limits of insurance <br />required by this Paragraph are minimum only --they do not limit the Engineer's indemnity <br />obligation, and it will be the Engineer's responsibility to determine what limits are adequate. <br />These limits may be met by basic policy limits or any combination of basic limits and umbrella <br />limits. The City's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Engineer from compliance with these <br />requirements. The kinds and amounts of insurance required are as follows: <br />1) Workers' Compensation Insurance and/or Employer's Liability Insurance: <br />In accordance with the provisions of the Workers' Compensation Act of the State <br />of Texas and/or $500,000.00/$500,000.00 for Employer's Liability. <br />5 <br />