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Res 1997-124
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Res 1997-124
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1/29/2008 9:32:32 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-124
Date
7/28/1997
Volume Book
129
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<br />I <br /> <br />I <br /> <br />- <br /> <br />6.12 In the event that the performance by either party of any of its obligations under the <br />Contract is interrupted or delayed by events outside of their control such as acts of God, <br />war, riot, or civil commotion, then the party IS excused from such performance for the <br />period of time reasonably necessary to remedy the effects of the events. <br /> <br />6.13 The City and BFI, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Contract and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all <br />covenants of this Contract. Neither the City nor BFI will assign, sublet or transfer any <br />interest in this Contract without the written consent of the other, which will not be <br />unreasonably withheld. <br /> <br />6.14 This Contract represents the entire and integrated Contract between the City and <br />BFI and supersedes all prior negotiations, representations or agreements either written or <br />oral. <br /> <br />ARTICLE 7 <br />INSURANCE AND INDEMNITY <br /> <br />7.1 BFI will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of <br />any kind arising from the negligent or intentional wrongful acts of BFI, its employees.. <br />subcontractors or agents. This will include, but not be limited to, the amounts of <br />judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by <br />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 <br />damages to property, alleged or actual infringement of patents, copyrights, and trademarks <br />and without limitation by enumeration, all other claims, demands, or causes of action of <br />every character occurring, resulting, or arising from any negligent or intentional wrongful <br />act, error or omission of BFI and/or its agents and/or employees. This obligation of BFI will <br />not be limited by reason of the specification of any particular insurance coverage in this <br />Contract. <br /> <br />7.2 BFI will procure and maintain at its expense insurance in the kinds and amounts <br />hereinafter provided with insurance companies authorized to do business in the State of <br />Texas, covering all operations under this Contract, whether performed by BFI or its agents, <br />subcontractors or employees. Before commencing the work, BFI will furnish to the City a <br />certificate or certificates in form satisfactory to the City, showing that BFI has complied with <br />this paragraph. All certificates will provide that the policy will not be materially changed or <br />canceled until at least 30 days written notice will have been given to the City, and will name <br />the City as an additional insured on all policies except workers' compensation. Kinds and <br />amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br />19 <br />
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