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Res 2003-067
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Res 2003-067
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Last modified
11/6/2003 3:53:44 PM
Creation date
9/22/2003 4:18:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2003-67
Date
4/14/2003
Volume Book
151
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Section 6.13 Entire Agreement; Amendments <br /> <br />This Contract represents the entire and integrated Contract between the City and the Contractor aud <br />supersedes all prior negotiations, representatious or agreements either written or oral. This contract may <br />be amended to include additional services, or for other reasons, by mutual consent of the parties. Any <br />such amendment mnst be in writing and executed by both parties. <br /> <br />Section 6.14 Written Assurances <br /> <br />Whenever one party to tiffs Coatract, in good faith, bas reasou to questiou the other party's intent to <br />perform, the former may demand that the other party give written assurance of intent to perform. In the <br />event that a demaud is made and no such assnrance is received within 5 working days, the demanding <br />party may treat this failure as an anticipatory repudiatioo of this Contract. <br /> <br /> ARTICLE 7 <br />INSURANCE, INDEMNITY AND BONDS <br /> <br />Section 7.1 Indemnity <br /> <br />The Contractor will indemuify, bold harmless and defend the City and its employees, agents, officers and <br />servants from auy and all lawsuits, claims, demands and causes of action of any kind arising fi'om tbe <br />negligeut or intentional wrongfnl acts of the Contractor, its employees, subcontractors or agents. This will <br />include, but not be limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all <br />other expenses incurred by the City arising in favor of any party, including the amounts of any damages <br />or awards resulting from claims demands and causes of actiou for personal injuries, death or damages to <br />property, alleged or actual infringement of patents, copyrights, and trademarks and without limitation by <br />enumeration, all other claims, demands, or causes of action of every character occurriug, resulting, or <br />arising fi'om any negligent or intentional wrongfnl act, error or omission of the Contractor and/or its <br />ageuts and/or employees. This obligation of the Contractor will not be limited by reason of the <br />specification of any particnlar insnrance coverage in this Contract. <br /> <br />Section 7.2 Insurance <br /> <br />The Coutractor will procure and maintain at its expense insurance in the kinds and amounts hereinafter <br />provided with insurance companies authorized to do business in the State of Texas, coveriug all <br />operations under this Contract, whether performed by the Contractor or its agents, subcontractors or <br />employees. Before commencing the work, the Contractor wilI furnish to tbe City a certificate or <br />certificates in form satisfactory to the City, showing that the Contractor bas complied with this paragraph. <br />All certificates will provide that the policy will not be materially changed or canceled until at least 30 <br />days written notice will have been given to the City, and will name the City as an additional insnred ou all <br />policies except workers' compensation. The kinds and minimum amounts of insurance required are as <br />follows: <br /> <br />Workers' Compensatiou Insurance: <br /> <br />Commercial Geueral Liability insurance <br /> <br />Statutory amounts <br /> <br />Bodily Injury $1,000,000 <br />Property Damage $500,000 <br /> <br />Automobile Liability: <br /> <br />18 <br /> <br /> <br />
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