Res 1981-050 - Laserfiche WebLink

Home Browse Search

-2- said damages, claims, losses, demands, suits, judgments, costs, including reasonable attorneys' fees and expenses are caused in whole or in part by any negligent act or omission of Museum, anyone directly or indirectly employed by Museum or anyOne for whose acts Museum may be liable, regardless of whether said damages, claims, losses, demands, suits, judgments, costs, in- cluding reasonable attorneys' fees, and expenses are caused in part by City. III. Museum shall procure insurance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of Museum, Museum's servants, agents or employees, and said insurance shall be in a minimum amount for one hundred thousand ($100,000.00) for any one person, and three hundred thousand ($300,000.00) for each occurrence; and One hundred thousand ($100,000.00) for property damage; and such insurance policy shall contain the endorsement that such insurance may not be cancelled or amended with respect to Museum without ten (10) days written notice by registered mail to City by the insurance company. Any insurance policy herein required or procured by Museum shall contain an express waiver of any rights of subrogation by the insurance company against City. Proof of such insurance shall be delivered by Museum to City within ten (10) days of the inception of such policy by the insurance company. The minimum limits of any insurance required herein shall not limit Museum's liability under Part II of~this Agreement. IV. Should said building not be removed by December 10, 1981, and should Southwest Texas State University exercise its right pursuant to Paragraph 5 of said Contract of Sale to remove said building to any location within the city limits of the City of San Marcos, Museum hereby agrees to pay to Southwest Texas State University the actual cost of such removal.