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or injury or damage to persons or property arising from the negligent or intentional acts, errors or omissions of the Planning Consultant, its officers,_employees or agents while engaged in the performance of services pursuant to this CONTRACT. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and aJJ other expenses incurred by the City arising in favor of any party to such lawsuits, claims, demands and causes of action, including the amounts of any damages or awards resulting from claims, demands and causes of action for personal injuries, death or damages to property. B. The Planning Consultant agrees to obtain and keep in force, at its sole cost and expense, throughout the term of this CONTRACT, in a form and with a company satisfactory to the City, the foJJowing policies of insurance: (J) Commercial General Liability Insurance with combined single limits of not less than $500,000; (2) Contractual Liability Insurance underwriting the indemnification, hold harmless and insurance provisions of this CONTRACT with combined single limits of not less than $500,000; and (3) Worker's Compensation and Employer's Liability Insurance. C. Certificates oflnsurance verifying each of the above conditions, and providing for thirty (30) days' written notice of any canceJJation or reduction in coverage, shaJJ be submitted to the City within thirty (30) days of the execution of this CONTRACT if requested by the City. In the event that the limits of liability imposed upon municipalities are increased by the Texas Legislature, the parties agree that the Planning Consultant shaJJ increase the coverage and limits of liability required by this CONTRACT to conform to the new liability limits created by the Texas Legislature. D. The stated limits of insurance required by this Section are minImum only--they do not limit the Planning Consultant's indemnity obligation, and it will be the Planning Consultant's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbreJJa limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Planning Consultant from compliance with these requirements. SECTION X Progress Meetings The Planning Consultant agrees to attend progress meetings scheduled by the Project Coordinator, and at such meetings wiJJ endeavor to outline work accomplished and identify any special problems or issues known to the Planning Consultant which are encountered in connection with the Project. SECTION XI Ownership of Documents All documents, including the Land Development Code and zoning map, prepared or furnished by the Planning Consultant (and the Planning Consultant's independent professional sub-consultants) pursuant to this CONTRACT are instruments of service with respect to the Project. The City shall retain ownership and property interest therein, whether or not the Project is completed, upon fuJJ and complete payment by the City to the Planning Consultant for the cost of report/document reproduction (i.e., printing) and other similar direct expenses. The Planning Consultant will retain aJJ of its records and supporting documentation relating to this CONTRACT, and not delivered to the City, for a period of three years, except that in the event the Planning Consultant goes out of business during that period, it will turn over to the City all of its records relating to the Project for retention by the City. SECTION XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the City to the Planning Consultant, the Planning Consultant shaJJ immediately discontinue aJJ services in connection with the performance of this CONTRACT and shaJJ proceed to promptly cancel aJJ existing orders and contracts insofar as such orders or contracts are chargeable to this Dunkin-Sefko Development Code (10/08/2001) 3