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been given to the City, and will name the City as an additional insured on all coverages except <br />workers' compensation and professional liability. The kinds and amounts of insurance required are <br />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 /> Liability Insurance: (1) Commercial general liability insurance with a combined single limit <br />of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance <br />in an amount not less than $250,000 for injuries to any one person, $500,000 on account of any one <br />accident and in an amount of not less than $250,000 for property damage and (3) professional <br />liability coverage to cover lawful claims arising in connection with this Project in the combined <br />single limit amount of at least $500,000. <br /> <br /> The stated limits of insurance required by this Paragraph are minimum only--they_do not <br />limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine <br />what limits are adequate. These limits may be basic policy limits or any combination of basic limits <br />and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply with <br />these requirements in any respect does not release the Engineer from compliance with these <br />requirements. <br /> <br /> ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any <br />dispute arising under this Agreement is in Hays County, Texas. <br /> <br />10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of the <br />subject act(s) or failure(s) to act. <br /> <br />10.3 The Engineer will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate for <br />public office. <br /> <br />10.4 The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed to <br />make any valuable gift whether in the form of service, loan, thing, or promise to any person or any <br />of his/her immediate family, having the duty to recommend, the right to vote upon, or any other <br />direct influence on the selection of engineers to provide professional services to the City within the <br />two years preceding the execution of this Agreement. A campaign contribution, as defined by the <br />Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the <br />purposes of this Agreement. <br /> <br />12 <br /> <br /> <br />