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<br />b70 <br />."., <br /> <br /> <br />i 8.2 As to all acts or failures to act by either :}arty to this Agreement, any applicable <br />I 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 />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, err9r or omission of the ENGINEER and/or its agents and/or employees. <br /> <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 <br />State of Texas, covering all operations under this Agreement, whether performed by <br />ENGINEER's agents or employees. Before commencing the work the ENGINEER will <br />furnish to the CITY a certificate or certificates in form satisfactory to the CITY, showing that <br />ENGINEER has complied with this paragraph. All certificates will provide that the policy <br />will not be changed or canceled until at least 30 days written notice will have been given <br />to the CITY, and will name the CITY as an additional insured. Kinds and amounts of <br />insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the state of Texas. <br /> <br />Liability Insurance: (a) General liability insurance with a combined single limit of $1 ,000,000 <br />for each occurrence and $1,000,000 in the aggregate, (b) Motor Vehicle liability insurance <br />in the amount not less than $1,000,000 for injuries to anyone person, $1,000,000 on <br />account of anyone accident and in an amount of not less than $1,000,000 for property <br />damage and (c) Professional liability coverage to cover lawful claims arising in connection <br />with this Agreement with a limit of at least $1,000,000 annual aggregate. <br /> <br />The stated limits of insurance by this Paragraph are MINIMUM ONLY and it ,will be the <br />ENGINEER's responsibility to determine what limits are adequate. These minimum limits <br />may be basic policy limits or any combination of basic limits and umbrella limits. The <br />CITY's acceptance of Certificates of Insurance that in any respect do not comply with the <br />requirements of this Agreement does not release the ENGINEER or its agents or <br />subconsultants from compliance herewith. <br /> <br /> <br />16 <br />