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Res 2001-073
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Res 2001-073
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7/3/2006 4:47:25 PM
Creation date
7/3/2006 4:47:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-73
Date
4/23/2001
Volume Book
143
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<br />6.2 This Agreement may be terminated by either party upon 15 days prior written <br />notice should the other party fail substantially to perform in accordance with its terms <br />through no fault of the party initiating the termination. <br /> <br />6.3 This Agreement may be terminated at will by the City upon at least 15 days prior <br />written notice to the Consultant. <br /> <br />6.4 In the event of termination as provided in this Article, the Consultant will be <br />compensated for all services performed to termination date which are deemed by the <br />City to be in accordance with this Agreement. This amount will be paid by the City upon <br />the Consultant's delivering to the City all information and materials developed or <br />accumulated by the Consultant in performing the services described in this Agreement, <br />whether completed or in progress. The expense of reproduction of these items will be <br />borne by the city. <br /> <br />ARTICLE 7 <br />INSURANCE AND INDEMNITY <br /> <br />7.1 The Consultant will indemnify, hold harmless and defend the City and its <br />employees, agents, officers and servants from any and all lawsuits, claims, demands <br />and causes of action of any kind arising from the negligent or intentional acts or <br />omissions of the Consultant, its officers, employees or agents. This will include, but not <br />be limited to, the amounts of judgments, penalties, interest, court costs, reasonable <br />legal fees, and all other expenses incurred by the City arising in favor of any party, <br />including the amounts of any damages or awards resulting from claims demands and <br />causes of action for personal injuries, death or damages to property. This Agreement <br />by Consultant will not be limited by reason of the specification of any particular <br />insurance coverage in this Agreement. <br /> <br />7.2 The Consultant will procure and maintain at Consultant's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all <br />operations under this Agreement, whether performed by Consultant or Consultants <br />agents, subcontractor or employees. Before commencing the work the Consultant will <br />furnish to the City a certificate or certificates in form satisfactory to the City, showing <br />that Consultant has complied with this. paragraph. AI] certificates will provide that the <br />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 <br />except workers' compensation and professional liability. The kinds and amounts of <br />insurance required are as follows: <br /> <br />Liabilitv Insurance: (1) Commercial general liability insurance with a combined <br />single limit of $500,00 for each occurrence and $500,000 in the aggregate, (2) Motor <br />Vehicle liability insurance in an amount not less than $250,000 for injuries to anyone <br />person, $500,000 on account of anyone accident and in an amount of not less than <br />$250,000 for property damage. <br /> <br />8 <br />
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