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Res 1995-222
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Res 1995-222
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6/28/2007 8:24:50 AM
Creation date
6/28/2007 8:24:50 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-222
Date
12/11/1995
Volume Book
121
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<br /> IZgp <br /> compensated for all services performed to termination date which are deemed by CITY to <br /> be in accordance with this Agreement. Such amount will be paid by the CITY upon the <br /> ENGINEER's delivering or otherwise making available to the CITY all data, drawings, <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 existence 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 /> . <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 ensure that its subconsultants will procure and maintain at their <br /> expense insurance in the kinds and amounts hereinafter provided with insurance <br /> companies authorized to do business in the State of Texas, covering all operations under <br /> this Agreement, whether performed by ENGINEER's agents or employees, Before <br /> commencing the work the ENGINEER will furnish to the CITY a certificate or certificates <br /> in form satisfactory to the CITY, showing that ENGINEER has complied with this <br /> paragraph. All certificates will provide that the policy will not be changed or car¡celed until <br /> at least 30 days written notice will have been given to the CITY, and will name the CITY <br /> as an additional insured. Kinds 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 />
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