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<br />zgtr <br /> <br /> <br />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 <br />for property damage and (c) professional liability coverage to cover lawful claims arising <br />in connection with this Project with a limit of at least $1,000,000 annual aggregate. <br /> <br />The stated limits of insurance required by this Paragraph are MINIMUM ONLY and <br />it will be the PROGRAM MANAGER's responsibility to determine what limits are adequate. <br />These minimum limits may be basic policy limits or any combination of basic limits and <br />- umbrella limits. The CITY's acceptance of Certificates of Insurance that in any respect do <br />I not comply with the requirements of this Agreement does not release the PROGRAM <br />" MANAGER from compliance herewith. <br /> <br />8.3 PROGRAM MANAGER and CITY waive all rights against each other and their <br />directors, officers, partners, commissioners, officials, agents, subcontractors, and <br />employees for damages covered by property insurance during and after the completion of <br />the services. If the services result in a construction phase of the project, a similar provision <br />will be incorporated into all construction phase contracts entered into by CITY and shall <br />protect CITY and PROGRAM MANAGER to the same extent. <br /> <br />8.4 All Project contractors shall be required to include CITY and PROGRAM MANAGER <br />as additional insureds on their General Liability insurance policies, and shall be required <br />to indemnify City and PROGRAM MANAGER to the same extent. ~ ' <br /> <br />8.5 To the extent permitted by law, PROGRAM MANAGER's total liability to CITY for <br />all claims, losses, damages, and expenses resulting in any way from the performance of <br />services shall not exceed the total compensation receivable by PROGRAM MANAGER <br />under this Agreement. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />t <br />, 9.1 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 /> <br />9.2 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 existence of the subject act(s) or failure(s) to act. <br /> <br />9.3 The PROGRAM MANAGER hereby affirms that PROGRAM MANAGER has not <br />made or agreed to make any valuable gift whether in the form of service, loan, thing, or <br />promise to any person or any of his/her immediate family, having the duty to recommend, <br />the right to vote upon, or any other direct influence on the selection of consultants to <br />provide professional engineering services to the CITY within the two years preceding the <br /> <br /> <br />8 <br />