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<br />ARTICLE 8 <br />INSURANCE AND INDEMNITY <br /> <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. This <br />obligation by Engineer will not be limited by reason of the specification of any particular <br />insurance coverage in this Agreement. <br /> <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, subcontractor 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 days <br />written notice will have been given to the City, and will name the City as an additional insured <br />on all coverages except workers' compensation and professional liability. The kinds and <br />amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability <br />insurance in an amount not less than $250,000 for injuries to anyone person, $500,000 on <br />account of anyone accident and in an amount of not less than $250,000 for property damage and <br />(3) professional liability coverage to cover lawful claims arising in connection with this Project <br />in the combined single limit amount of at least $500,000. <br />The stated limits of insurance required by this Paragraph are minimum onlv--they_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 />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 Engineer from <br />compliance with these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any <br />dispute arising under this Agreement is in Hays County, Texas. <br />Espey Agreement <br /> <br />11 <br />