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<br />7.4 In the event of tennination as provided in this Article, the Consultant will be compensated <br />for all services perfonned to termination date which are deemed by the City to be in accordance with <br />this Agreement. This amount will be paid by the City upon the Consultant's delivering to the City <br />all infonnation and materials developed or accumulated by the Consultant in performing the services <br />described in this Agreement, whether completed or in progress. The expense of reproduction of <br />these items will be borne by the City. <br /> <br />ARTICLE 8 <br />INSURANCE AND INDEMNITY <br /> <br />8.1 The Consultant will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of any kind <br />arising from the negligent or intentional acts or omissions of the Consultant, its officers, employees <br />or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, <br />court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any <br />party, including the amounts of any damages or awards resulting from claims demands and causes <br />of action for personal injuries, death or damages to property. This obligation by Consultant will not <br />be limited by reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />8.2 The Consultant will procure and maintain at Consultant's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether perfonned by Consultant or Consultant's agents, subcontractor or employees. <br />Before commencing the work the Consultant will furnish to the City a certificate or certificates in <br />fonn satisfactory to the City, showing that Consultant has complied with this paragraph. All <br />certificates will provide that the policy will not be changed or canceled until at least 30 days written <br />notice will have been given to the City, and will name the City as an additional insured on all <br />coverages except workers' compensation and professional liability. The kinds and amounts of <br />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 />Liability Insurance: (1 ) Commercial general liability insurance with a combined single limit <br />of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance <br />in an amount not less than $250,000 for injuries to anyone person, $500,000 on account of anyone <br />accident and in an amount of not less than $250,000 for property damage and (3) professional <br />liability coverage to cover lawful claims arising in connection with this Project in the combined <br />single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum onlv--they,do not limit <br />the Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine <br />what limits are adequate. These limits may be basic policy limits or any combination of basic limits <br />and mnbrella limits. The City's acceptance of Certificates of Insurance that do not comply with <br /> <br />HDRRate Design.wpd <br /> <br />12 <br />