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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />I~ <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />noncompliance, Bank may terminate such Service after the 30 day period. <br /> <br />7.4 In the event of termination as provided in this Article, the City will compensate the <br />Depository for all services performed to the termination date which are deemed by the City to be <br />in accordance with this Agreement. This amount will be paid by the City upon the Depository's <br />delivering to the City all information and materials developed or accumulated by the Depository <br />in performing the services described in this Agreement, whether completed or in progress. The <br />expense of reproduction of these items will be borne by the City. <br /> <br />ARTICLE 8 <br />INSURANCE AND INDEMNITY <br /> <br />8.1 Neither party will be responsible for indemnifying the other party with respect to claims <br />of third parties arising from the negligent or intentional acts or omissions of the parties or their <br />officers, employees or agents. <br /> <br />8.2 The Depository will procure and maintain at Depository's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all operations <br />under this Agreement, whether performed by Depository or Consultant's agents, subcontractor or <br />employees. Before commencing the work the Depository will furnish to the City a certificate or <br />certificates in form satisfactory to the City, showing that Depository has complied with this <br />paragraph. All certificates will provide that the insurance company will endeavor to provide at <br />least 30 days written notice to the City of any cancellation or change in coverage, and will name <br />the City as an additional insured on all coverages except workers' compensation and professional <br />liability. The 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 />Liabilitv Insurance: (1) 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 liability <br />insurance in an amount not less than $250,000 for injuries to anyone person, $500,000 on <br />account of anyone accident and in an amount of not less than $250,000 for property damage and <br />(3) professional liability coverage to cover lawful claims arising in connection with these <br />services in the combined single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only. It will be the <br />Depository's responsibility to determine what limits are adequate. These limits may be basic <br />policy limits or any combination of basic limits and umbrella limits. The City's acceptance of <br />Certificates of Insurance that do not comply with these requirements in any respect does not <br />release the Depository from compliance with these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />6 <br />
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