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services described in this Agreement unless this Agreement is terminated under Sections 8.2 or <br />8.3 below. The Project must be completed as per the schedule submitted by the Engineer and <br />approved by the City. <br />8.2 This Agreement may be terminated by either party upon 1 ~ calendar days prior written <br />notice should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br />8.3 This Agreement may be terminated at will by the City upon at least 15 calendar days <br />prior written notice to the Engineer. <br />8.4 In the event of termination as provided in this Article, the Engineer will be compensated <br />for all services performed to termination date which are deemed by the City to be in accordance <br />with this Agreement. This amount will be paid by the City upon the Engineer's delivering to the <br />City all information and materials developed or accumulated by the Engineer in performing the <br />services described in this Agreement, whether completed or in progress. The expense of <br />reproduction of these items will be borne by the City. <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action of <br />any kind arising from the negligent or intentional acts or omissions of the Engineer, its officers, <br />employees or agents. This will include, but not be limited to, the amounts of judgments, <br />penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City <br />arising in favor of any party, including the amounts of any damages or aevards resulting from <br />claims demands and causes of action for personal injuries, death or damages to property or actual <br />infringement of patents, copyrights, and trademarks and without limitation by enumeration, all <br />other claims, demands, or causes of action of every character occurring, resulting, or arising from <br />any negligent or intentional wrongful act, error or omission of the Engineer andlor its agents <br />and~or employees. "This obligation by Engineer will not be limited by reason of the specification <br />of any particular insurance coverage in this Agreement. <br />9.2 "The Engineer will procure and maintain at Engineer's 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 Engineer or Engineer's agents, subcontractors or employees. <br />Before commencing the work the Engineer will furnish to the City a certificate or certificates in <br />form satisfactory to the City, showing that Engineer has complied with this paragraph- All <br />certificates will provide that the policy will not be changed or canceled until at least 30 calendar <br />days written notice will have been given to the City. Commercial general liability insurance and <br />motor vehicle insurance will be written with the City of San Marcos, Texas as an additional <br />insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the <br />K13R-Scssum Um~e Roada~aq Improcemcnts '~greemem <br />22 <br />