Res 2007-059 - Laserfiche WebLink

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I THOUSAND DOLLARS ($300,000.00) in the aggregate for property damage and personal injury and death, which coverage may be provided in the form of a rider and/or endorsement to a previously existing insurance policy. Such insurance coverage shall specifically name the CITY as co-insured or as an additional insured. This insurance coverage shall cover all perils arising out or connected in any way to the activities of the PROPERTY OWNER, its officers, employees, agents or contractors, relative to this Agreement. The PROPERTY OWNER shall be responsible for any deductibles stated in the policy. A true copy of each instrument affecting such additional coverage shall be delivered to the CITY within twenty-one (21) days of the effective date of this Agreement. b. The PROPERTY OWNER shall not cause any insurance to be canceled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the CITY has received written notice as evidenced by a return receipt of registered or certified mail. 5. Indemnification I To the extent permitted by Texas law, the PROPERTY OWNER agrees to and shall indemnify, defend and hold harmless the CITY and its officers, agents and employees against all claims, suits, demands, judgments, expenses, including attorney's fees, or other liability for personal injury, death, or damage to any person or property, which arises from or is in any manner connected to or caused in whole or in part by the PROPERTY OWNER'S construction, maintenance or use of the Licensed Property. This indemnification provision, however, shall not apply to any clams, suits, damages, costs, losses or expenses (i) for which the CITY shall have been compensated by Insurance provided under Paragraph 4., above, or (ii) arising from and to the extent of the grossly negligent or willful acts of the CITY; provided that, for the purposes of the foregoing, the CITY'S act of entering into this Agreement shall not be deemed to be a "grossly negligent or willful act". 6. Conditions a. Compliance with Regulations. The PROPERTY OWNER agrees that all construction, maintenance and repair permitted by this Agreement shall be done in compliance with all applicable City, County, State and/or Federal policies, traffic, building, health and safety ordinances, laws and regulations, including, without limitation, the CITY's Land Development Code. I b. PROPERTY OWNER'S Responsibilities. The PROPERTY OWNER will be liable for any damage to or relocation of existing facilities required by the construction of the Improvements. Further, the PROPERTY OWNER shall reimburse the CITY for all reasonable costs incurred by the CITY in replacing or repairing any property of the CITY or of others which was damaged or destroyed License Agt Carma BV San Marcos 20070126 3