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for work performed by the Performing Party under this Agreement have been provided through <br />the City's budget approved by City Council for the current fiscal year only. State statutes <br />prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget <br />has been approved. The City cannot guarantee the availability of funds, and enters into this <br />Agreement only to the extent such funds are made available. The Performing Party <br />acknowledges and agrees that it will have no recourse against the City for its failure to <br />appropriate funds for the purposes of this Agreement in any fiscal year other than the year in <br />which this Agreement was executed. The fiscal year for the City extends from October 1 st of <br />each calendar year to September 30th of the following calendar year. <br />ARTICLE 14. INSURANCE AND INDEMNITY <br />The Performing Party will hold harmless, indemnify and defend the Receiving Party and <br />its employees, agents, officers and servants from any and all lawsuits, claims, demands and <br />causes of action of any kind arising from the negligent or intentional acts, errors or omissions of <br />the Performing Party, its officers,_ employees or agents. This will include, but not be limited to, <br />the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br />expenses incurred by the Receiving Party arising in favor of any party, including the amounts of <br />any damages or awards resulting from claims, demands and causes of action for personal <br />injuries, death or damages to property. <br />The Performing Party will procure and maintain at its expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by the Performing Party or its agents, subcontractors or <br />employees. Before commencing the work the Performing Party will furnish to the Receiving <br />Party a certificate or certificates in a form satisfactory to the Receiving Party, showing that <br />Performing Party has complied with this paragraph. All certificates will provide that the policy <br />will not be changed or canceled until at least thirty (30) calendar days written notice will have <br />been given to the Receiving Party. Commercial general liability insurance and motor vehicle <br />insurance will be written with the City of San Marcos, Texas as an additional insured and will be <br />endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and <br />amounts of insurance required are as follows: <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br />Liabilitv Insurance: (l) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000 for injuries to any one person, <br />$500,000 on account of any one accident and in an amount of not less than $250,000 for <br />property damage. <br />The stated limits of insurance required by this Paragraph are minimum only- and it will <br />be the Performing Party's responsibility to determine what limits are adequate. These limits may <br />be met by basic policy limits or any combination of basic limits and umbrella limits. The <br />4 <br />