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<br />I <br /> <br />limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000.00 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000.00 for <br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000.00. <br /> <br />The stated limits of insurance required by this Paragraph are minimum onlv-they do <br />not limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do <br />not comply with these requirements in any respect does not release the Engineer from <br />compliance with these requirements. <br /> <br />9.3 The City agrees to include in all construction contracts for this Project the provisions of <br />subsection 1.7.11 and provisions including contractor indemnification of the Engineer for the <br />contractor's negligence. The City will also require the construction contractor to name the <br />Engineer as an additional insured on the contractor's general liability insurance policy. <br /> <br />I <br /> <br />9.4 The City agrees to include the following clause in all contracts with construction <br />contractors, and to require the contractor to include this clause in its contracts with equipment <br />and material suppliers: "Contractors subcontractors, and equipment and material suppliers on <br />the Project, or their sureties, shall maintain no direct action against the Engineer, Engineer's <br />officers, employees, affiliated corporations, and subcontractors for any claim arising out of, in <br />connection with, or resulting from the engineering services performed on behalf of the City. The <br />City is the only beneficiary of any undertaking by the Engineer. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />arising under this Agreement is in Hays County, Texas. <br /> <br />10.2 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 /> <br />10.3 The Engineer will not use funds received by it directly or indirectly under the terms of <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />I <br /> <br />10.4 The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br /> <br />Davis Lane Wastewater Improvements Project - CH2M Hill <br /> <br />21 <br />