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Res 2001-136
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Res 2001-136
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Last modified
7/10/2006 10:33:00 AM
Creation date
7/10/2006 10:32:17 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-136
Date
8/13/2001
Volume Book
144
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<br />18. Except for actions sucb as for enforcement of ~hanic's liens which are n:quired by statute to be brought in a specific <br />venue, in the event that litigation is instituted under me terms of tlris Agreement, the same is to be brought and tried in me <br />judicial jurisdiction of the court of the county in which this A~ment is made. Client waives the right to have the suit <br />brought, or tried in. or removed 10. any other county or judicial Jurisdiction. <br /> <br />19 This Agreement, including Consultant's Addenda and Schedule of Fees, represents me entire Agreement and <br />understanding betv.'een the parties, and supercedes any and all agreements, either oral or in writing, including any purchase <br />order, between the parties. Any modification to this Agreement will be effective only if it is in writing signed by the party <br />to be bound. One or more waivers of any term, conditIon or covenant by either party shall not be construed as a waiver of <br />any other term, condition or covenant. <br /> <br />20. The laws of the State of Texas shall govern interpretation of this Agreement. If any term of this Agreement is deemed <br />unenforceable, the remainder of the Agreement shall stay in full force and effect. If services of an attorney are required by <br />any party to secure performance under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees <br />an(l costs. <br /> <br />21, The Consultant will procure and maintain at its ex~nse insurance with insurance companies authorized to do business in <br />the State of Texas, covering all operations under this A~ment. whether perfonnea by the Consultant or its agents, <br />subcontractors or employees. Before commencing the work the Consultant will furnish to the Client a certificate or <br />certificates in a form satiSfactory to the Client, showing that Consultant has complied with this paragraph. All certificates <br />will provide that the policy will not be canceled until at least 30 days wrinen notice has been given to Client. The kinds <br />and amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of <br />the State of Texas. <br /> <br />Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for <br />each occurrence and $SOO,OOO in the aggregate, (2) Motor Vehicle liability insurance in an amount not less <br />than $250,000 for injuries to anyone person, $500,000 on account of anyone accident and in an amount of <br />not less than $250,000 for property damage. <br /> <br />These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The <br />Client's acceptance of certi.ficates of insura.'1ce that do not comply with these requirements in any respect does <br />not release the Coosultant from compliance with these requirements. <br /> <br />61~7\6151P151 <br />Copyright 200 I Kleinfeldea". Inc. <br /> <br />hF 3 oB <br />
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