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<br />9.2 The City, County, SMCISD and Auctioneer represent to each other that each party <br />has the full power to enter into and to perform its respective obligations under this <br />Agreement. As between the City, County and SMCISD, this Agreement is entered into <br />under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. <br /> <br />9.3 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 />9.4 The City, County and SMCISD will indemnify and hold harmless the each other and <br />their respective employees, agents, officers and servants from and against any and all <br />lawsuits, claims, demands and causes of action of any kind arising from the negligent or <br />intentional wrongful acts of the other occurring in the course of performance of this <br />Agreement. <br /> <br />9.5 The Auctioneer will indemnify, hold harmless and defend the City, County and <br />SMCISD and their employees, agents, officers and servants from any and all lawsuits, <br />claims, demands and causes of action of any kind arising from the negligent or intentional <br />wrongful acts of the Auctioneer, its employees or agents. This will include, but not be <br />limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all <br />other expenses incurred by the City, the County or the SMCISD arising in favor of any <br />party, including the amounts of any damages or awards resulting from claims demands and <br />causes of action for personal injuries, death or damages to property, and without limitation <br />by enumeration, all other claims, demands, or causes of action of every character <br />occurring, resulting, or arising from any negligent or intentional wrongful act, error or <br />omission of the Auctioneer and/or its agents and/or employees. This Agreement by <br />Auctioneer will not be limited by reason of the specification of any particular insurance <br />coverage in this Agreement. <br /> <br />Auctioneer will procure and maintain at its expense insurance in the kinds and <br />amounts hereinafter provided with insurance companies authorized to do business in the <br />State of Texas, covering all operations under this Agreement, whether performed by <br />Auctioneer's agents or employees. Before commencing any work the Auctioneer will <br />furnish to both the City, the County or the SMCISD a certificate or certificates in form <br />satisfactory to the City, the County and the SMCISD, showing that Auctioneer has <br />complied with this paragraph. Insurance undelWriters must be acceptable to the City, the <br />County and the SMCISD. All certificates will provide that the policy will not be changed or <br />canceled until at least 30 days written notice will have been given to the City, the County <br />and the SMCISD, and will name both the City, the County and the SMCISD as additional <br />insureds. Kinds and amounts of insurance required are 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 />10 <br />