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<br /> %M <br /> 7.3 This agreement may be terminated at will by tAB CITY upon at least 15 days prior written <br /> notice to the ENGINEER. <br /> 7.4 In the event of termination as provided in this Article, the ENGINEER will be compensated <br /> for all services performed to termination date which are deemed by CITY to be in accordance with <br /> this Agreement. Such amount will be paid by the CITY upon the ENGINEER's delivering or <br /> otherwise making available to the CITY all data, drawings, specifications, reports, estimates, <br /> summaries, and such other information and materials as may have been accumulated by the <br /> ENGINEER in performing the services included in this Agreement, whether completed or in <br /> progress. The expense of the reproduction of 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 any <br /> 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 statute of <br /> limitations will commence to run and any alleged cause of action will be deemed to have accrued <br /> when the party commencing the cause of action knew or should have known of the existence of <br /> the subject act(s) or failure(s) to act. <br /> 8.3 The ENGINEER will indemnify the CITY and its employees, agents, <officers and servants <br /> from any and all lawsuits, claims, demands and causes of action of any kind arising from the <br /> negligent or intentional wrongful acts or omissions of the ENGINEER, its employees or agents. <br /> This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, <br /> legal fees, and all other expenses incurred by the CITY arising in favor of any party, including the <br /> amounts of any damages or awards resulting from claims, demands and causes of action for <br /> personal injuries, death or damages to property and without limitation by enumeration, all other <br /> claims, demands, or causes of action of every character occurring, resulting, or arising from any <br /> negligent or intentional wrongful act, error or omission of the ENGINEER and/or its agents and/or <br /> employees. <br /> 8.4 The ENGINEER will procure and maintain at its expense insurance in the kinds and <br /> amounts hereinafter provided with insurance companies authorized to do business in the State <br /> of Texas, covering all operations under this Agreement, whether performed by ENGINEER's <br /> agents or employees. Before commencing the work the ENGINEER will furnish to the CITY a <br /> certificate or certificates in form satisfactory to the CITY, showing that ENGINEER has complied <br /> with this paragraph. All certificates will provide that the policy will not be changed or canceled <br /> until at least 30 days written notice will have been given to the CITY, and will name t~e CITY as <br /> an additional insured. Kinds and amounts of insurance required are as follows: <br /> Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br /> Compensation Act of the state of Texas. <br /> Liability Insurance: (a) General liability insurance with a combined single limit of $1 ,000,000 for <br /> each occurrence and $1,000,000 in the aggregate, (b) Motor Vehicle liability insurance in the <br /> amount not less than $1,000,000 for injuries to anyone person, $1,000,000 on account of any <br /> Page 14 <br /> contractlmsclsanmarco/6000100/agreement <br />