Laserfiche WebLink
related to the Operator's activities or performance under this Agreement. This <br /> obligation extends to contamination of or adverse effects on the environment <br /> after the Effective Date of this Agreement, and any violation or alleged <br /> violation of applicable law. This obligation by Operator will not be limited <br /> because of the specification of any particular insurance coverage in this <br /> Agreement. <br /> 9.0.2 To the extent permitted by law, the City agrees to and will indemnify, hold <br /> harmless and defend Operator its officers and employees from any and all <br /> lawsuits,claims,demands and causes of action,suits and regulatory actions of <br /> any kind or character arising out of or in connection with the City's <br /> performance, acts, omissions, or failure to act under this Agreement. This will <br /> include, but not be limited to, the amounts of judgments, penalties, <br /> investigations, settlements, fines, forfeitures, interest, court costs, reasonable <br /> legal fees and expert witness fees, and all other expenses incurred by the <br /> Operator arising in favor of any party, including the amounts of any damages <br /> or awards resulting from claims demands and causes of action for personal <br /> injuries, death or damages to property alleged or actual infringement of <br /> patents, copyrights, and trademarks and without limitation by enumeration, <br /> all other claims, demands, or causes of action of every character occurring, <br /> resulting, or arising from or related to the City's activities or performance <br /> under this Agreement. This obligation extends to contamination of or adverse <br /> effects on the environment after the Effective Date of this Agreement, and any <br /> violation or alleged violation of applicable law. <br /> 9.0.3 The parties agree that the indemnity provided in Section 9.0.2 is provided by <br /> the City without waiving any immunity to which it may be entitled. The <br /> parties further agree that any and all indemnity provided for herein is subject <br /> to and shall not exceed the monetary limitations of damages as set forth in the <br /> Texas Tort Claims Act. <br /> 9.0.4 The Operator will procure and maintain at Operator's expense insurance with <br /> insurance companies authorized to do business in the State of Texas, covering all <br /> operations under this Agreement, whether performed by Operator or Operator's <br /> agents, subcontractors or employees. Before commencing the work and for the <br /> duration of this Agreement, the Operator will furnish to the City a certificate or <br /> certificates in form satisfactory to the City, showing that Operator has complied <br /> with this paragraph. All certificates will provide that the policy will not be changed <br /> or canceled until at least thirty (30) calendar days written notice has been given to <br /> the City. Commercial general liability, airport premise, hangar keepers liability, <br /> non-owned aircraft and motor vehicle insurance will be written with the City of San <br /> Marcos, Texas as an additional insured and will be endorsed to provide a waiver of <br /> the carrier's right of subrogation against the City. The kinds and amounts of <br /> insurance required are as follows: <br /> Page 27 of 34 <br />