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ARTICLE 8 <br />INSURANCE AND INDEMNITY <br />8.1 The Consultant 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 wrongful acts or omissions of the Consultant, <br />its officers, employees or agents. This will include, but not be limited to, the amounts of <br />judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred <br />by the City arising in favor of any party, including the amounts of any damages or awards <br />resulting from claims demands and causes of action for personal injuries, death or damages to <br />property alleged or actual infringement of patents, copyrights, and trademarks and without <br />limitation by enumeration, all other claims, demands, or causes of action of every character <br />occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission <br />of the Consultant and /or its agents and /or employees. Eminent domain proceedings are <br />specifically excluded from this Article 8.1. This obligation by Consultant will not be limited by <br />reason of the specification of any particular insurance coverage in this Agreement. <br />8.2 The Consultant will procure and maintain at Consultant's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all operations <br />under this Agreement, whether performed by Consultant or Consultant's agents, subcontractors <br />or employees. Before commencing the work, the Consultant will furnish to the City a certificate <br />or certificates in form satisfactory to the City, showing that Consultant has complied with this <br />paragraph. All certificates will provide that the policy will not be changed or canceled until at <br />least 30 calendar days written notice has been given to the City. Commercial general liability <br />insurance and motor vehicle insurance will be written with the City of San Marcos, Texas as an <br />additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation <br />against the 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 the 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 only hey do not <br />limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do <br />not comply with these requirements in any respect does not release the Consultant from <br />compliance with these requirements. <br />LAN - Comanche 241n Agreement <br />10 <br />