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<br />Workers' Compensation--Statutory coverage and limits. <br /> <br />Liability--(l) Commercial general liability insurance, minimum limits of $250,000/$500,000/ <br />$250,000 or $600,000 combined single limit; and (2) Motor vehicle liability insurance, minimum <br />limits of $250,000/$500,000/$250,000 or $600,000 combined single limit. <br /> <br />The stated limits of insurance are minimum only, and they do not limit PTI's indemnity <br />obligation. The Client's acceptance of certificates that vary from these requirements in any <br />respect does not release PTI from compliance with the insurance or indemnity obligations. <br /> <br />11. Public Information Act. The Client is governed by the Texas Public Information Act, <br />Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this Agreement may be subject to release under this statute. PTI will not make <br />any reports, information, data, etc. generated under this Agreement available to any individual or <br />organization without the written approval of the Client. <br /> <br />12. No Liability ofPTI Employees. Client acknowledges that all persons providing the <br />Services on behalf ofPTI do so as agents and representatives ofPTI and have no personal liability <br />hereunder. <br /> <br />13. Entire Agreement. Tins Agreement, including the Attachments hereto, represent the entire <br />agreement among the parties with respect to the transactions contemplated by this Agreement and <br />supersedes all prior agreements, written or oral, with respect thereto. <br /> <br />14. Amendment and Waiver. This Agreement may be amended, modified, superseded, <br />cancelled, renewed or extended, and the terms and conditions hereof may be waived only by a <br />written instrument signed by the parties or, in the case of a waiver, the party waiving compliance. <br />No delay on the part of any party in exercising any right, power or privilege hereunder shall operate <br />as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege <br />hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any <br />other further exercise thereof or the exercise of any other right, power or privilege hereunder. <br /> <br />15. Governing Law; Attorney Fees; Venue; Jurisdiction. This Agreement shall be governed <br />and construed in accordance with the laws of the state of Texas without regard to principles of <br />conflict of laws. For purposes of any litigation arising out of or in connection with this Agreement, <br />the parties hereby consent to the exclusive venue and jurisdiction of the state and federal courts <br />sitting in Hays County, Texas. In the event of any such litigation, the prevailing party shall be <br />entitled to recover from the other party all of its attorney fees and other expenses incurred in <br />connection with such litigation and any appeal therefrom. <br /> <br />16. No Assignment. This Agreement is not assignable except by operation oflaw or the written <br />consent of the nonassigning party. <br /> <br />C:\TEMP\PTI-UTILITY BILLING RFP SERVICES.DOC <br /> <br />3 <br />