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<br />court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any <br />party, including the amounts of any damages or awards resulting from claims demands and causes <br />of action for personal injuries, death or damages to property. This obligation by Engineer will not <br />be limited by reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 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 form <br />satisfactory to the City, showing that Engineer has complied with this paragraph. All certificates will <br />provide that the policy will not be changed or canceled until at least 30 days written notice will have <br />been given to the City, and will name the City as an additional insured on all coverages except <br />workers' compensation and professional liability. The kinds and amounts of insurance required are <br />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: (l) Commercial general liability insurance with a combined single limit <br />of$500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance <br />in an amount not less than $250,000 for injuries to anyone person, $500,000 on account of anyone <br />accident and in an amount of not less than $250,000 for property damage and (3) professional <br />liability coverage to cover lawful claims arising in connection with this Project in the combined <br />single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they_do not <br />limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine <br />what limits are adequate. These limits may be basic policy limits or any combination of basic limits <br />and umbrella limits. The City's acceptance of Certificates ofInsurance that do not comply with <br />these requirements in any respect does not release the Engineer from compliance with these <br />requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 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 /> <br />10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of the <br />subject act(s) or failure(s) to act. <br /> <br />Carter & Burgess2.wpd <br /> <br />12 <br />