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<br />9.2 The Consultant agrees to indemnify, hold harmless, and defend the City, its officers <br />and employees from and against all claims and actions for damages or injuries resulting <br />from the negligence or intentional misconduct of the Consultant, its officers, agents or <br />employees in the performance of this Agreement. <br /> <br />9.3 The Consultant will procure and maintain insurance in full force and effect with <br />insurance companies authorized to do business in Texas, covering all of the Consultant's <br />activities under this Agreement, including those performed by the Consultant or by its <br />agents or subcontractors. Before commencing activities under this Agreement, the <br />Consultant must furnish insurance certificates in a form satisfactory to the City that verify <br />compliance with this provision. All certificates must provide that the coverage may not be <br />canceled or materially altered without at least 30 days advance written notice to the City. <br />All coverages except for workers' compensation shall name the City as an additional <br />insured. The kinds and amounts of insurance required are as follows: <br /> <br />Workers' Compensation--With coverage and limits in accordance with the Texas Workers' <br />Compensation Act. <br /> <br />Liability--(1) 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, <br />minimum 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 the Consultant's <br />indemnity obligation. The City's acceptance of certificates that vary from these <br />requirements in any respect does not release the Vendor from compliance with the <br />insurance or indemnity obligations. <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 <br />any 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 <br />statute of limitations will commence to run and any alleged cause of action will be deemed <br />to have accrued when the party commencing the cause of action knew or should have <br />known of the existence of the subject act(s) or failure(s) to act. <br /> <br />10.3 The Consultant will not use funds received by it directly or indirectly under the terms <br />of this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />10.4 The Consultant hereby affirms that Consultant and Consultant's firm have not made <br />or agreed to make any valuable gift whether in the form of service, loan, thing, or promise <br /> <br />7 <br />