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Agreement, and will maintain worker's
<br />nominees, the sole and exclusive right, title, and
<br />compensation coverage (either by insurance or if
<br />interest in and to the Deliverables. The Contractor’s
<br />qualified pursuant to law, through a self-insurance
<br />obligation to execute, acknowledge, and deliver (or
<br />program) covering all employees performing the
<br />cause to be executed, acknowledged, and delivered)
<br />Agreement on premises occupied by or under the
<br />instruments or papers such as those described in this
<br />Section 19 a., b., and c. shall continue after the
<br />control of City. Contractor may receive copies of
<br />termination of this Contract with respect to such
<br />specific requirements for coverage by contacting the
<br />Deliverables.
<br />Risk Management Department of the City at 512-
<br />393-8060.
<br />20.Right to Use Specific City Marks. Contractor
<br />understands and acknowledges that the City owns all rights
<br />Gratuities. The City may terminatethiscontract ifthe
<br />to the name, logos, and symbols of City (“City Marks”).
<br />City's Ethics Review Commission finds, after notice
<br />All rights to the City Marks will at all times remain the
<br />andhearing, that gratuities (in the form of entertainment,
<br />property of the City. Subject to these Terms and
<br />giftsor otherwise) were offered or given by the
<br />Conditions, the City may grant to Contractor a
<br />Contractor, orany agent or representative of the
<br />nonexclusive right to use those specific City Marks that are
<br />Contractor, to any officeror employee of the City to secure
<br />directly required to complete Contractor’s obligations in
<br />favorable treatment withrespect to the awarding,
<br />the Agreement, and which are approved for use in
<br />amending, or making of anydetermination with
<br />accordance with this Section.
<br />respect to the performance of thecontract
<br />All use of the City Marks will be in a manner that (i)
<br />Compliance with Health, Safety, and Environmental
<br />complies with applicable laws, City Rules; (ii) is
<br />Regulations. The Contractor, its Subcontractors, and
<br />consistent with Contractor’s use of other City Marks under
<br />their respective employees, shall comply fully with all
<br />similar situations; and (iii) will not tarnish the City Marks.
<br />applicable federal, state, and local health, safety, and
<br />Any use of City Marks by Contractor MUST be approved
<br />environmental laws, ordinances, rules and regulationsin
<br />as follows: Requests for approval will be in writing,
<br />the performance of the services, including but not limited
<br />accompanied by the material requested to be approved,
<br />to those promulgated by the City and by the Occupationalccupational
<br />will be transmitted by e-mail, express mail, overnight
<br />SafetySafety and Health Administration ( (OSHA)OSHA)
<br />carrier, or regular mail, and will be addressed as follows:
<br />.. In case ofconflict, the most stringent
<br />Director, Communications
<br />safety requirement shallgovern. The Contractor shall
<br />City of San Marcos
<br />indemnify and hold the Cityharmless from and against
<br />630 East Hopkins Street
<br />all claims, demands, suits,actions, judgments, fines,
<br />San Marcos, TX 78666
<br />penalties and liability of everykind arising from the
<br />512-393-8242
<br />breach of the Contractor’sobligations under this
<br />communicationsinfo@sanmarcostx.gov
<br />Section.
<br />City will notify Contractor via e-mail or facsimile of City’s
<br />Subcontracting (HUB). When applicable, Contractor will
<br />approval or disapproval of Contractor’s request to utilize
<br />use good faith efforts to subcontract work performed under
<br />City Marks in accordance with this Section. Reasonable
<br />the Agreement in accordance with the Historically
<br />effort will be made to timely notify Contractor of approval
<br />Underutilized Business Subcontracting Plan (“HSP”) as
<br />or disapproval. Contractor should make every effort to
<br />submitted by Contractor. Except as specifically provided in
<br />submit all uses for approval as early as practicable.
<br />the HSP, Contractor will not subcontract any of its duties or
<br />obligations under the Agreement, in whole or in part.
<br />21.Insurance. Contractor acknowledges that City, as a
<br />municipality in the State of Texas, maintains and operates
<br />Limitations. THE PARTIES ARE AWARE THAT
<br />programs of self-insurance. City will maintain during the
<br />THERE MAY BE CONSTITUTIONAL AND
<br />term of this Agreement a self-insurance program and, upon
<br />STATUTORY LIMITATIONS ON THE AUTHORITY
<br />written request, will provide to Contractor a written
<br />OF CITY (A TEXAS MUNICIPALITY) TO ENTER
<br />description of such self-insurance program.
<br />INTO CERTAIN TERMS AND CONDITIONS THAT
<br />MAY BE PART OF THE AGREEMENT, INCLUDING,
<br />BUT NOT LIMITED TO, THOSE TERMS AND
<br />22.Contractor Insurance. In the event Contractor, its
<br />CONDITIONS RELATING TO DISCLAIMERS AND
<br />employees, agents or subcontractors enter premises
<br />LIMITATIONS OF WARRANTIES; DISCLAIMERS
<br />occupied by or under the control of City in the
<br />AND LIMITATIONS OF LIABILITY FOR DAMAGES;
<br />performance of the Agreement, Contractor agrees that
<br />WAIVERS, DISCLAIMERS AND LIMITATIONS OF
<br />it will maintain public liability and property damage
<br />LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND
<br />insurance in reasonable limits covering the obligations
<br />PROCESSES; GRANTING CONTROL OF
<br />set forth in the
<br />LITIGATION OR SETTLEMENT TO
<br />ANOTHERPARTY; LIABILITY FOR ACTS OR
<br />Rev. 05.15.20Page 4of 7
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