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<br />ARTICLE 8 <br />TERM OF AGREEMENT <br /> <br />8.1 The term ofthis Agreement begins upon its execution by both parties, and will end upon the <br />Engineer's completion, under Sections 8.2 or 8. below. The Project must be completed no later than <br />January 31,2003. <br /> <br />8.2 This Agreement may be terminated by either party upon 15 days prior written notice should <br />the other party fail substantially to perform in accordance with its terms through no fault ofthe party <br />initiating the termination. <br /> <br />8.3 This Agreement may be terminated at will by the City upon at least 15 days prior written <br />notice to the Engineer. <br /> <br />8.4 In the event of termination as provided in this Article, the Engineer will be compensated for <br />all services performed to termination date which are deemed by the City to be in accordance with <br />this Agreement. This amount will be paid by the City upon the Engineer's delivering to the City all <br />information and materials developed or accumulated by the Engineer in performing the services <br />described in this Agreement, whether completed or in progress. The expense of reproduction of <br />these items will be borne by the City. <br /> <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of any kind <br />arising from the negligent or intentional acts or omissions of the Engineer, its officers, employees <br />or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, <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 /> <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: (1) 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 /> <br />AlanPlummer. wpd <br /> <br />13 <br />