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<br />agreement, including such loss, damage, liability <br />or expense, including attorney's fees and the cost <br />of expense, including attorney's fees and the cost <br />of defense, as may be imposed upon CITY as a <br />matter of law by reason of any such error, <br /> <br />omission or negligent act of ENGINEER. <br />2. ENGINEER hereby agrees to indemnify and hold <br />CITY harmless from and against any liability to, <br />and claims and actions by any person or persons, <br />for or on account of any death or injury to any <br />person or persons, including, without limitation, <br />any officials, officers, partners, employees, <br />agents, consultants, contractors and subcon- <br />tractors of CITY, and ENGINEER's contractors and <br />subcontractors, or any damage to property, and <br />from all judgments or amounts paid in settlement <br />and for all expenses incurred by CITY in defending <br />such claims and actions by others, including <br />reasonable attorney's fees and court costs, where <br />such liability, claims, actions or expenses are <br />caused or incurred, by any actual act, failure to <br />act, negligence or other fault on the part of <br />ENGINEER. <br />3. ENGINEER hereby agrees to maintain insurance <br />underwritten by solvent insurance companies <br />authorized to do business in the State of Texas <br />with BEST rating of "A". This insurance shall, at <br />a minimum, provide coverage for the following: <br />A. The legal liability of ENGINEER under <br />the Workers' Compensation Act for all <br />