Res 1996-054 - Laserfiche WebLink

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,. ¿¡foT- - be in accordance with this Agreement. Such amount will be paid by the CITY upon the ENGINEER's delivering or otherwise making available to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ENGINEER in performing the services included in this Agreement, whether completed or in progress, The expense of the reproduction of these items will be borne by the CITY. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 9.3 The ENGINEER will indemnify the CITY and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the ENGINEER, its employees or agents. This will include, but not be limited to, the amounts of juflgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the CITY arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the ENGINEER and/or its agents and/or employees. This Agreement by ENGINEER will not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.4 The ENGINEER will ensure that its subconsultants will procure and maintain at their expense insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by ENGINEER's agents or employees. Before commencing the work the ENGINEER will furnish to the CITY a certificate or certificates in form satisfactory to the CITY, showing that ENGINEER has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least 30 days written notice will have been given to the CITY, and will' name the ENGINEER as an additional insured. Kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (a) Motor Vehicle liability insurance in an amount not less than