Res 2003-024 - Laserfiche WebLink

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in the performance of this Agreement. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for breach of fiduciary duty or malfeasance, personal injuries, death or damages to property. This obligation by Consultant will not be limited by reason of the specification of any particular insurance coverage in this Agreement. 8.2 Consultant will procure and maintain at Consultant's expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Consultant or Consultant's agents, sub-consultants or employees. Before commencing the work Consultant will furnish to the City a certificate or certificates in form satisfactory to the City, showing that Consultant has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least 30 days written notice will have been given to the City, and will name the City as an additional insured on all coverages except workers' compensation, professional liability and errors and omissions and fiduciary liability coverage. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to any one verson, $500,000 on account of any one accident and in an amount of not less than $250,000 for property damage and (3) errors and omissions and fiduciary liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $1,000,000.00. The stated limits of insurance required by this Paragraph do not limit Consultant's indemnity obligation, and it will be Consultant's responsibility to determine what limits are adequate. These limits may be basic policy limits or any combination ofbasic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply with these requirements in any respect does not release Consultant from compliance with these requirements. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have ka~own of the existence of the subject act(s) or failure(s) to act. arbitrage services.wpd 6