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Firm shall maintain insurance for this Project in accordance with the following required coverages
<br />and limits, and shall furnish a copy of said policies or properly executed Accord Certificates to the
<br />City upon execution of this Agreement and throughout the contract term. The City of Paris, its
<br />elected officials, officers and employees shall be included and covered as Additional Insured's on
<br />all policies listed below except the Professional Liability and Workers Compensation policies. All
<br />insurance policies shall be issued by properly funded and capitalized insurance companies
<br />authorized and licensed to write insurance policies in the State of Texas:
<br />General Commercial Liability $500,000 per occurrence/$1,000,000 aggregate
<br />Professional Liability $1,000,000 perclaim and in the aggregate
<br />Workers Compensation State required minimum limits
<br />Indemnification Firm hereby agrees to release, defend, indemnify and hold the City and its elected
<br />officials, officers, agents and employees harmless from and against all damages, injuries (including
<br />death), claims, property damages (including loss of use), losses, demands, suits, judgments and
<br />costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or
<br />resulting from the services provided by Firm pursuant to this Agreement, but only to the extent
<br />caused by the negligent act or omission or intentional wrongful act or omission of Firm, its officers,
<br />agents, employees, subcontractors, subconsultants, licensees, invitees or any other third parties for
<br />whom Firm is legally responsible (hereinafter "Claims"). Firm is expressly required to defend City
<br />against all such claims and/or lawsuits.
<br />8. Miscellaneous Provisions
<br />a. This agreement shall be construed under and in accordance with the laws of the State of Texas,
<br />and all obligations of the parties created hereunder are performable in Lamar County, Texas and
<br />the parties agree that exclusive venue for any claims or suits related to this Agreement shall lie in
<br />Lamar County, Texas.
<br />b. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
<br />respective heirs, executors, administrators, legal representatives, successors and assigns where
<br />permitted by this Agreement.
<br />c. In case one or more of the provisions contained in this Agreement shall for any reason be held to
<br />be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability
<br />shall not affect any other provision thereof and this Agreement shall not be construed as if such
<br />invalid, illegal, or unenforceable provision had never been contained herein.
<br />d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
<br />the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary
<br />disbursements in addition to any other relief to which such party may be entitled.
<br />e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be
<br />attached to and incorporated into this Agreement.
<br />f. If any conflict arises between the terms of this Agreement and any Parts/Exhibits attached hereto,
<br />the terms of this Agreement shall control.
<br />IN WITNESSETH HEREOF, the parties have hereunto set their hand and seals on this _ day of
<br />July, 2009.
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