|
of the events.
<br />Section 6.12 Successors and Assigns; Assignment
<br />The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal
<br />representatives to the other party to this Contract and to the partners, successors, assigns and legal
<br />representatives of such other party with respect to all covenants of this Contract. Neither the City nor the
<br />Contractor will assign, sublet or transfer any interest in this Contract without the written consent of the
<br />other, which will not be unreasonably withheld.
<br />Section 6.13 Entire Agreement; Amendments
<br />This Contract represents the entire and integrated Contract between the City and the Contractor and
<br />supersedes all prior negotiations, representations or agreements either written or oral. This contract may
<br />be amended to include additional services, or for other reasons, by mutual consent of the parties. Any
<br />such amendment must be in writing and executed by both parties.
<br />Section 6.14 Written Assurances
<br />Whenever one party to this Contract, in good faith, has reason to question the other party's intent to
<br />perform, the former may demand that the other party give written assurance of intent to perform. In the
<br />event that a demand is made and no such assurance is received within 5 working days, the demanding
<br />party may treat this failure as an anticipatory repudiation of this Contract.
<br />ARTICLE 7
<br />INSURANCE, INDEMNITY AND BONDS
<br />Section 7.1 Indemnity
<br />The Contractor will indemnify, hold harmless and defend the City and its employees, agents, officers and
<br />servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the
<br />negligent or intentional wrongful acts of the Contractor, its employees, subcontractors or agents. This will
<br />include, but not be limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all
<br />other expenses incurred by the City arising in favor of any party, including the amounts of any damages
<br />or awards 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 limitation by
<br />enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or
<br />arising from any negligent or intentional wrongful act, error or omission of the Contractor and/or its
<br />agents and/or employees. This obligation of the Contractor will not be limited by reason of the
<br />specification of any particular insurance coverage in this Contract.
<br />Section 7.2 Insurance
<br />The Contractor will procure and maintain at its expense insurance in the kinds and amounts hereinafter
<br />provided with insurance companies authorized to do business in the State of Texas, covering all
<br />operations under this Contract, whether performed by the Contractor or its agents, subcontractors or
<br />employees. Before commencing the work, the Contractor will furnish to the City a certificate or
<br />certificates in form satisfactory to the City, showing that the Contractor has complied with this paragraph.
<br />All certificates will provide that the policy will not be materially changed or canceled until at least 30
<br />days written notice will have been given to the City, and will name the City as an additional insured on all
<br />21
|