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As applicable to this Agreement, the Performing Party understands that funds for the <br />payment for work performed by the Performing Party under this Agreement have been provided <br />through the City's budget approved by the City Council for the current fiscal year only. State <br />statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a <br />budget has been approved. The City cannot guarantee the availability of funds and enters into this <br />Agreement only to the extent such funds are made available. The Performing Party acknowledges <br />and agrees that it will have no recourse against the City for its failure to appropriate funds for the <br />purposes for this Agreement in any fiscal year other than the year in which this Agreement was <br />executed. The fiscal year for the City extends from October 1St of each calendar year to September <br />30th of the following calendar year. <br />ARTICLE 14. 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 />expenses incurred by the Receiving Party in favor or any party, including the amounts of any <br />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 the work, the Performing Party will furnish to the Receiving <br />Party a certificate or certificates in a form satisfactory to the Receiving Party showing that the <br />Performing Party has complied with this paragraph. All certificates will provide that the policy <br />will not be changed or cancelled until at least thirty (30) calendar days written notice will have <br />been given to the Receiving Party. Commercial general liability insurance and motor vehicle <br />insurance will be written with the City of San Marcos, Texas, as an additional insured and will be <br />endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and <br />amounts of 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 />met by basic policy limits or any combination of basic limits and umbrella limits. The Receiving <br />11 <br />