Res 2003-015 - Laserfiche WebLink

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ARTICLE 8 TERM OF AGREEMENT 8.1 The term of this Agreement begins upon its execution by both parties, and will end upon the Engineer's completion, under Sections 8.2 or 8. below. The construction of the Project must be completed no later than May 26, 2004. 8.2 This Agreement may be terminated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms tlu'ough no fault of the parity initiating the termination. 8.3 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Engineer. 8.4 In the event of termination as provided in this Article, the Engineer will be compensated for all setwices performed to termination date which are deemed by the City to be in accordance with this Agreement. This amount will be paid by the City upon the Engineer's delivering to the City ail information and materials developed or accumulated by the Engineer in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. ARTICLE 9 INSURANCE AND INDEMNITY 9.1 The Engineer will indemnify, hold harmless zu~d defend the City arid its employees, agents, officers and servants from arly and all lawsuits, claims, demands and causes of action of any kind arising fi'om the negligent or intentional acts or omissions of the Engineer, its officers, employees or agents. This will include, bnt not be limited to, the mnounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the an~ounts of any damages or awards resulting fi'om claims demands arid causes of action for personal injm'ies, death or damages to property. This obligation by Engineer will not be limited by mason of the specification of any particular insurance coverage in this Agreement. 9.2 The Engineer will procure and maintain at Engineer's expense insurance with insar'ance companies authorized to do business in the State of Texas, covering all operations under this Agreement, wether performed by Engineer or Engineer's agents, subcontractor or employees. Before commencing the work the Engineer will fttrnish to the City a certificate or certificates in form satisfactory to the City, showing that Engineer has complied with this paragraph. All certificates will provide that the policy will not be changed or cm~celed until at least 30 days written notice will have been given to the City, and will nan~e the City as mx additional insttred on all coverages except workers' compensation and professional liability. The kinds and mnounts ofinsm'ance required are as follows: Byrn contract.wpd 12