|
<br />6.8 In performing this Contract, WHECO, its subcontractors, successors and assigns
<br />will comply with all local, state and federal laws.
<br />
<br />6.9 The City of San Marcos is governed by the Texas Public Information Act ( the "Act"),
<br />Chapter 552 of the Texas Government Code. This Contract and all written information
<br />generated under this Contract may be subject to release under the Act. WHECO shall not
<br />make any reports, information, data, etc. generated under this Contract available to any
<br />individual or organization without the written approval of the City.
<br />
<br />6.10 No claim or right arising out of a breach of the Contract can be discharged in whole
<br />or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation
<br />is supported by consideration and is in writing and signed by both parties.
<br />
<br />6.11 In the event that the performance by either party of any of its obligations under the
<br />Contract is interrupted or delayed by events outside of their control such as acts of God,
<br />war, riot, or civil commotion, then the party is excused from such performance for the
<br />period of time reasonably necessary to remedy the effects of the events.
<br />
<br />6.12 The City and WHECO, respectively, bind themselves, their partners, successors,
<br />assigns and legal representatives to the other party to this Contract and to the partners,
<br />successors, assigns and legal representatives of such other party with respect to all
<br />covenants of this Contract. Neither the City nor WHECO will assign, sublet or transfer any
<br />interest in this Contract without the written consent of the other.
<br />
<br />6.13 This Contract represents the entire and integrated Contract between the City and
<br />WHECO and supersedes all prior negotiations, representations or agreements either
<br />written or oral.
<br />
<br />ARTICLE 7
<br />INDEMNIFICATION, INSURANCE AND BONDS
<br />
<br />7.1 WHECO will indemnify, hold harmless and defend the City and its employees,
<br />agents, officers and servants from any and all lawsuits, claims, demands and causes of
<br />action of any kind arising from the negligent or intentional wrongful acts of WHECO, its
<br />employees or agents. This will include, but not be limited to, the amounts of judgments,
<br />penalties, interest, court costs, legal fees, and all other expenses incurred by the City
<br />arising in favor of any party, including the amounts of any damages or awards resulting
<br />from claims demands and causes of action for personal injuries, death or damages to
<br />property, alleged or actual infringement of patents, copyrights, and trademarks and without
<br />limitation by enumeration, all other claims, demands, or causes of action of every character
<br />occurring, resulting, or arising from any negligent or intentional wrongful act, error or
<br />omission of WHECO and/or its agents and/or employees.
<br />
<br />7.2 WHECO will procure and maintain at its expense insurance in the kinds and
<br />amounts hereinafter provided with insurance companies authorized to do business in the
<br />State of Texas, covering all operations under this Contract, whether performed by WHECO
<br />or its agents, subcontractors or employees. Before commencing the work WHECO will
<br />
<br />7
<br />
|