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<br />changed or canceled until at least 30 days written notice will have been given to the City, <br />and will name the City as an additional insured on all coverages except workers' <br />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 <br />insurance in an amount not less than $250,000 for injuries to anyone person, $500,000 <br />on account of anyone accident and in an amount of not less than $250,000 for property <br />damage and (3) professional liability coverage to cover lawful claims arising in connection <br />with this Project in the combined single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they_do not <br />limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any <br />combination of basic limits and umbrella limits. The City's acceptance of Certificates of <br />Insurance that do not comply with these requirements in any respect does not release the <br />Consultant from compliance with these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 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 />9.2 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 />9.3 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 />9.4 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 />to any person or any of his/her immediate family, having the duty to recommend, the right <br />to vote upon, or any other direct influence on the selection of consultants to provide <br />professional services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Texas Election Code or the San <br />Marcos City Code will not be considered as a valuable gift for the purposes of this <br /> <br />Transportation Masterplan K.wpd <br /> <br />16 <br />