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<br />I <br /> <br />I <br /> <br />I <br /> <br />of the letter agreement, and will end upon the <br />Consultant's completIOn, and the City's acceptance, <br />of all servIces described in thIS Agreement. <br /> <br />(b) This Agreement may be tenninated by either <br />party upon 15 days prior wntten notIce should the <br />other party fail substantially to perform in accordance <br />wIth ItS terms through no fault of the party initiating <br />the tenninatIOn. <br /> <br />(c) This Agreement may be termmated at will by the <br />City upon at least 15 days prior written notice to the <br />Consultant. <br /> <br />(d) In the event of tennination as provided in this <br />SectIOn, the Consultant will be compensated for all <br />servIces performed to the terrnmatIOn date WhICh are <br />deemed by the City to be m accordance with this <br />Agreement. This amount will be paId by the CIty <br />upon the Consultant's delivering to the City all <br />mformatIOn and matenals developed or accumulated <br />by the Consultant in perfonning the services <br />described in this Agreement, whether completed or m <br />progress, The expense of the reproduction of these <br />Items will be borne by the CIty <br /> <br />6. Insurance and Indemnity <br /> <br />(a) The Consultant will hold harmless, mdemnlfy <br />and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, <br />claims, demands and causes of action of any kind <br />arising from the negligent or intentional acts, errors <br />or omissions of the Consultant, its officers, <br />employees or agents. This will include, but not be <br />lirmted to, the amounts of judgments, penalties, <br />mterest, court costs, reasonable legal fees, and all <br />other expenses incurred by the City arising in favor <br />of any party, including the amounts of any damages <br />or awards resultmg from claims, demands and causes <br />of action for personal injuries, death or damages to <br />property <br /> <br />(b) The Consultant will procure and maintain at its <br />expense insurance with insurance companies <br />authonzed to do business in the State of Texas, <br />covering all operatIons under this Agreement, <br />whether performed by the Consultant or its agents, <br />subcontractors or employees. Before commencing <br />the work the Consultant will furnish to the City a <br />certIficate or certIficates in a form satisfactory to the <br /> <br />October 2005 <br /> <br />City, showing that Consultant has complied with this <br />paragraph. All certificates will provide that the <br />policy will not be canceled until at least 30 days <br />written notice has been gIven to the CIty, and will <br />name the City as an addItional insured on all <br />coverages except workers' compensation and <br />professional liability The kinds and amounts of <br />insurance reqUIred are as follows <br /> <br />Workers' Compensation Insurance In accordance <br />WIth the provIsions of the Workers' Compensation <br />Act of the State of Texas. <br /> <br />Liabilitv Insurance' (1) Commercial generalliabihty <br />insurance with a combined single limit of $500,000 <br />for each occurrence and $500,000 m the aggregate, <br />(2) Motor Vehicle liability insurance in an amount <br />not less than $250,000 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an <br />amount of not less than $250,000 for property <br />damage <br /> <br />(c) The stated limits of msurance reqUIred by thIS <br />Paragraph are minimum only--they do not limit the <br />Consultant's indemnity obligation, and It WIll be the <br />Consultant's responsibihty to determIne what hrmts <br />are adequate. These limits may be met by baSIC <br />policy lirmts or any combination of basic hrmts and <br />umbrella hrmts. The City's acceptance of certificates <br />of msurance that do not comply with these <br />reqUIrements m any respect does not release the <br />Consultant from compliance WIth these requirements. <br /> <br />7. No Waiver of Immunity <br /> <br />The City's execution of and performance under <br />this Agreement will not act as a waiver by the CIty of <br />any lInmunity from suit or liabilIty to whIch it is <br />entitled under applicable law The parties <br />acknowledge that the City, m executing and <br />perfOrmIng this Agreement, is a governmental entity <br />acting in a governmental capacity <br /> <br />8. Remedies; No Waiver. In the event of a default <br />or breach of this Agreement by the Consultant, the <br />City reserves the right to choose among the remedIes <br />for the default or breach available to the CIty These <br />remedies may be used in conjunction with one <br />another or separately, and together with any other <br />statutory or common law remedies available to the <br />City Any failure by the City to enforce this <br /> <br />2 <br />