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<br />Article 10. LEGAL CONSTRUCTION <br /> <br />In the event that anyone or more of the provisions contained in this agreement shall <br />for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall not affect any other provisions thereof and this <br />agreement shall be construed as if such invalid, illegal, or unenforceable provision had <br />never been contained herein. <br /> <br />Article 11. GOVERNING LAWS AND VENUE <br /> <br />This agreement shall be construed under and in accordance with the laws of the <br />State of Texas. Any legal actions regarding the parties' obligations and any matters <br />whatsoever arising from this contract and agreement shall be filed and maintained in Hays <br />County, Texas. <br /> <br />Article 12. PRIOR AGREEMENTS SUPERSEDED <br /> <br />This agreement constitutes the sole and only agreement of the parties hereto and <br />supersedes any prior understandings or written or oral agreements between the parties <br />respecting this subject matter. <br /> <br />Article 13 INSURANCE AND INDEMNITY <br /> <br />The Performing Party will hold harmless, indemnify and defend the Receiving Party <br />and its employees, agents, officers and servants from any and all lawsuits, claims, <br />demands and causes of action of any kind arising from the negligent or intentional acts, <br />errors or omissions of the Performing Party, its officers,_employees or agents. This will <br />include, but not be limited to, the amounts of judgments, penalties, interest, court costs, <br />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 <br />and causes of action for personal injuries, death or damages to property. <br /> <br />The Performing Party will procure and maintain at its expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all <br />operations under this Agreement, whether performed by the Performing Party or its agents, <br />subcontractors or employees. Before commencing the work the Performing Party will <br />furnish to the Receiving Party a certificate or certificates in a form satisfactory to the <br />Receiving Party, showing that Performing Party has complied with this paragraph. All <br />certificates will provide that the policy will not be canceled until at least 30 days written <br />notice has been given to the Receiving Party, and will name the Receiving Party as an <br />additional insured on all coverages except workers' compensation. The kinds and amounts <br />of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the <br /> <br />3 <br />