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Res 2006-148
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Res 2006-148
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Last modified
3/6/2007 2:33:20 PM
Creation date
10/19/2006 11:54:00 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-148
Date
9/19/2006
Volume Book
169
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<br />Its employees, agents, officers and servants from any and all lawsuits, claims, demands and <br />causes of action of any kind arising from the negligent or mtentional acts, errors or omIssions of <br />the Performing Party, its officers,_employees or agents. This will include, but not be limited to, <br />the amounts of Judgments, penalties, interest, court costs, reasonable legal fees, and all other <br />expenses incurred by the Receiving Party arising in favor of any party, including the amounts of <br />any damages or awards resulting from claims, demands and causes of action for personal mjuries, <br />death or damages to property. <br /> <br />The Performing Party will procure and maintain at its expense msurance with msurance <br />companies authorized to do business in the State of Texas, covering all operations under thIS <br />Agreement, whether performed by the Performing Party or its agents, subcontractors or <br />employees. Before commencing the work the Performing Party will furnish to the Receiving <br />Party a certificate or certificates in a form satisfactory to the Receiving Party, showing that <br />Performing Party has complied with this paragraph. All certificates will provide that the policy <br />will not be canceled until at least 30 days written notice has been given to the Receiving Party, <br />and will name the Receiving Party as an additional insured on all coverages except workers' <br />compensation. 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 />Liability Insurance: (1) Commercial general liability insurance with a combmed single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor VehIcle <br />liability insurance in an amount not less than $250,000 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000 for <br />property damage. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only- and it will <br />be the Performing Party's responsibility to determine what limits are adequate. These limits may <br />be met by basic policy limits or any combination of basic limits and umbrella limits. The <br />Receiving Party's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Performing Party from compliance WIth these <br />requirements. <br /> <br />ARTICLE 14. NOTICE TO PARTIES <br /> <br />Notice to be effective under this contract must be in writing and received by the party against <br />whom it is to operate. Notice is received by a party as follows: (1) when it is delivered to the <br />party personally; (2) on the date shown on the return receipt if mailed by registered or certified <br />mail, return receIpt requested, to the party's address specified in this Article 14 and signed on <br />behalf of the party; or (3) three business days after its deposit in the United States mail, with <br />first-class postage affixed, addressed to the party's address specified in this Article 14. Any party <br />may change its address by providing notice of such change in accordance with the requirements <br />of this ArtIcle 14. <br /> <br />4 <br />
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