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<br />1- <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />Consultant's completion, and the City's acceptance, <br />of all services described in this Agreement. <br /> <br />(b) ThIs Agreement may be terminated 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 initiating <br />the tenrunation, <br /> <br />(c) This Agreement may be terminated at will by the <br />City upon at least 15 days prior written notice to the <br />Consultant. <br /> <br />(d) In the event of terminatIon as provided in this <br />Section, the Consultant will be compensated for all <br />services performed to the termination date which are <br />deemed by the CIty to be in accordance with this <br />Agreement. This amount will be paid by the City <br />upon the Consultant's delivering to the City all <br />mformation and materials developed or accumulated <br />by the Consultant in performing the services <br />described in this Agreement, whether completed or in <br />progress. The expense of the reproduction of these <br />items will be borne by the City, <br /> <br />6. Insurance and Indemnitv <br /> <br />(a) The Consultant will hold harmless, indemnify <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 />arIsmg from the neglIgent or mtentional acts, errors <br />or ormssions of the Consultant, its officers, <br />employees or agents. This will include, but not be <br />hmited to, the amounts of judgments, penalties, <br />interest, court costs, reasonable legal fees, and all <br />other expenses mcurred by the City arising in favor <br />of any party, includmg 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, <br /> <br />(b) The Consultant will procure and maintain at its <br />expense insurance wIth msurance companies <br />authorized to do business in 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, showmg that Consultant has complied with this <br />paragraph, All certIficates will provide that the <br />polIcy will not be canceled until at least 30 days <br />Standard Ts and Cs March 2006 <br /> <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 kinds and amounts of <br />insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance <br />with the provisions of the Workers' CompensatIOn <br />Act of the State of Texas, <br /> <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. <br /> <br />(c) The stated limits of insurance required by thIS <br />Paragraph are minimum only--they do not lImit the <br />Consultant's indemnity obligation, and it will be the <br />Consultant's responsibility to determine what limits <br />are adequate, These IIrmts may be met by baSIC <br />policy limits or any combination of basic lImits and <br />umbrella limits. The City's acceptance of certificates <br />of insurance that do not comply WIth these <br />reqUIrements in any respect does not release the <br />Consultant from compliance with these requirements. <br /> <br />7. No Waiver ofImmunitv <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 Immunity from suit or liability to whIch It IS <br />entItled under applicable law. The partIes <br />acknowledge that the City, in executmg and <br />performing this Agreement, is a governmental entIty <br />acting in 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 m <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 this Agreement WIth respect to one or <br />more defaults by the Consultant will not waive the <br /> <br />2 <br />