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<br />Consultant's completion, and the City's acceptance,
<br />of all services described m thIS Agreement.
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<br />(b) ThIs Agreement may be tenmnated by eIther
<br />party upon 15 days prior written notIce should the
<br />other party fail substantially to perform in accordance
<br />with its terms through no fault of the party mitmtmg
<br />the termmation,
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<br />(c) ThIs Agreement may be termmated at will by the
<br />City upon at least 15 days prior written notice to the
<br />Consultant.
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<br />(d) In the event of termmation as provided m thIS
<br />SectIon, the Consultant will be compensated for all
<br />servIces performed to the termmation date which are
<br />deemed by the City to be in accordance with thIS
<br />Agreement. Tlus amount will be paid by the City
<br />upon the Consultant's delivering to the City all
<br />information and matenals developed or accumulated
<br />by the Consultant m performmg the services
<br />described m thIS Agreement, whether completed or m
<br />progress, The expense of the reproduction of these
<br />items will be borne by the CIty,
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<br />6. Insurance and Indemnity
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<br />(a) The Consultant will hold harmless, mdemnify
<br />and defend the City and its employees, agents,
<br />officers and servants from any and all lawsuits,
<br />claims, demands and causes of action of any kind
<br />ansmg from the negligent or intentIOnal acts, errors
<br />or omissions of the Consultant, ItS officers,
<br />employees or agents, This will include, but not be
<br />limited to, the amounts of judgments, penalties,
<br />interest, court costs, reasonable legal fees, and all
<br />other expenses incurred by the CIty arismg in favor
<br />of any party, including the amounts of any damages
<br />or awards resulting from claims, demands and causes
<br />of action for personal injuries, death or damages to
<br />property .
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<br />(b) The Consultant will procure and maintain at its
<br />expense insurance WIth insurance companies
<br />authonzed to do business m the State of Texas,
<br />covering all operations under this Agreement,
<br />whether performed by the Consultant or its agents,
<br />subcontractors or employees. Before commencmg
<br />the work the Consultant will furnish to the City a
<br />certificate or certificates in a form satisfactory to the
<br />City, showing that Consultant has complied with thIS
<br />paragraph, All certIficates will provide that the
<br />policy will not be canceled until at least 30 clays
<br />Standard Ts and Cs March 2006
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<br />written notice has been gIven to the CIty, and will
<br />name the CIty as an additional insured on all
<br />coverages except workers' compensatIOn and
<br />professional lIability. The lands and amounts of
<br />insurance required are as follows:
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<br />Workers' CompensatIOn Insurance: In accordance
<br />with the provisions of the Workers' CompensatIon
<br />Act of the State of Texas,
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<br />LIability Insurance: (1) Commercial general liabilIty
<br />insurance with a combined single limit of $500,000
<br />for each occurrence and $500,000 in the aggregate,
<br />(2) Motor Vehicle lIabilIty insurance in an amount
<br />not less than $250,000 for mJuries to anyone person,
<br />$500,000 on account of anyone accident and in an
<br />amount of not less than $250,000 for property
<br />damage.
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<br />(c) The stated lrmits of insurance required by this
<br />Paragraph are minimum only--they do not limit the
<br />Consultant's mdemruty obligation, and it will be the
<br />Consultant's responsibility to determme what limits
<br />are adequate These limItS may be met by basIC
<br />polIcy limits or any combmation of basic limits and
<br />umbrella limits, The CIty'S acceptance of certIficates
<br />of msurance that do not comply with these
<br />requIrements in any respect does not release the
<br />Consultant from compliance WIth these requirements,
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<br />7. No Waiver of Immunity
<br />
<br />The City's execution of and performance under
<br />this Agreement will not act as a waiver by the City of
<br />any immumty from suit or liabilIty to which it is
<br />entitled under applicable law, The parties
<br />acknowledge that the City, in executing and
<br />performmg this Agreement, IS a governmental entity
<br />acting m a governmental capaCIty,
<br />
<br />8. Remedies; No Waiver
<br />
<br />In the event of a default or breach of this Agreement
<br />by the Consultant, the City reserves the right to
<br />choose among the remedies for the default or breach
<br />available to the City, These remedIes may be used in
<br />conjunction with one another or separately, and
<br />together WIth any other statutory or common law
<br />remedies available to the CIty, Any failure by the
<br />City to enforce tlus Agreement WIth respect to one or
<br />more defaults by the Consultant will not waive the
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