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Generai Commercial Liability $500,000 per occurrence/$ 1, 000, 000 aggregate
<br />Professional Liability $1,000,000 per claim 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 accord with the laws of the State of Texas, and all
<br />obligations of the parties created hereunder are performable in Lamar County, Texas and the parties
<br />agree that exclusive venue for any claims or suits related to this Agreement shall lie in Lamar
<br />County, Texas.
<br />b. This Agreement shall be binding upon and insure to the benefit of parties hereto and their
<br />respective heirs, executors, administrators, legal representatives, successors and assigns where
<br />permitted by this Agreement.
<br />c. In any case one or more of the provisions contained in this Agreement shall for any reason be
<br />held to 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 />7. Terms and Conditions - This Agreement is subject to the provisions titled, "Part III Terms and
<br />Conditions" and attached hereto and incorporated by reference herein.
<br />IN WITNESSETH HEREOF, the parties have hereunto set their hand and seals on this day of
<br />, 2009.
<br />CITY OF PARIS
<br />RESOURCE MANAGEMENT & CONSULTING
<br />CO.
<br />BY:
<br />Kevin Carruth, City Manager
<br />Attest:
<br />Witness
<br />BY:
<br />Attest:
<br />Witness
<br />Charles Edwards, Owner
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