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<br /> specifications, reports, estimates, summaries, and such other information and materials
<br /> as may have been accumulated by the ENGINEER in performing the services included in
<br /> this Agreement, whether completed or in progress. The expense of the reproduction of
<br /> these items will be borne by the CITY.
<br /> ARTICLE 8
<br /> MISCELLANEOUS PROVISIONS
<br /> 8.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for
<br /> any dispute arising under this Agreement is in Hays County, Texas.
<br /> 8.2 As to all acts or failures to act by either party to this Agreement, any applicable
<br /> statute of limitations will commence to run and any alleged cause of action will be deemed
<br /> to have accrued when the party commencing the cause of action knew or should have
<br /> known of the exi.stence of the subject act(s) or failure(s) to act.
<br /> 8.3 The ENGINEER will indemnify the CITY and its employees, agents, officers and
<br /> servants from any and all lawsuits, claims, demands and causes of action of any kind
<br /> arising from the negligent or intentional wrongful acts or omissions of the ENGINEER, 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 and without limitation by enumeration, all other claims, demands, or causes of
<br /> action of every character occurring, resulting, or arising from any negligent or intentional
<br /> wrongful act, error or omission of the ENGINEER and/or its agents and/or employees.
<br /> 8.4 The ENGINEER will procure and maintain at its expense, and will ensure that its
<br /> subconsultants procure and maintain at their expense, insurance in the kinds and amounts
<br /> hereinafter provided with insurance companies authorized to do business in the State of
<br /> Texas, covering all operations under this Agreement, whether performed by ENGINEER's,
<br /> its subconsultants, or their agents or employees. Before commencing the work the
<br /> ENGINEER will furnish to the CITY a certificate or certificates in form satisfactory to the
<br /> CITY, showing that ENGINEER has complied with this paragraph. All certificates will
<br /> provide that the policy will not be changed or canceled until at least 30 days written notice
<br /> will have been given to the CITY, and will name the CITY as an additional insured. Kinds
<br /> and amounts of insurance required are as follows:
<br /> Workers' Compensation Insurance: In accordance with the provisions of the
<br /> Workers' Compensation Act of the State of Texas.
<br /> Liability Insurance: (a) General liability insurance with a combined single limit of
<br /> $1,000,000 for each occurrence and $1,000,000 in the aggregate, (b) Motor Vehicle
<br /> liability insurance in an amount not less than $1,000,000 for injuries to anyone person,
<br /> $1,000,000 on account of anyone accident and in an amount of not less than $1,000,000
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