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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 8 <br />INSURANCE AND INDEMNITY <br />8.1 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 awards resulting from <br />claims demands and causes of action for personal injuries, death or damages to property alleged <br />or actual infringement of patents, copyrights, and trademarks and without limitation by <br />enumeration, all other claims, demands, or causes of action of every character occurring, <br />resulting, or arising from any negligent or intentional wrongful act, error or omission of the <br />Engineer and/or its agents and/or employees. This obligation by Engineer will not be limited by <br />reason of the specification of any particular insurance coverage in this Agreement. <br />8.2 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 />City. The kinds and amounts of insurance required are as follows: <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000.00 for injuries to any one person, <br />$500,000 on account of any one accident and in an amount of not less than $250,000.00 for <br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000.00. <br />The stated limits of insurance required by this Paragraph are minimum on hey do not <br />limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />Bain Medina Bain - Victory Gardens Agreement <br />9