|
1.06 CITY shall not be liable to CONTRACTOR, CONTR.ACTOR's agents, servants,
<br />employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or bystander
<br />for any damage or injury caused by the acts or negligence of CONTRACTOR,
<br />CONTRACTOR's officers, employees, agents, or servants, or resulting from the operation
<br />of any device or equipment located upon the contracted property, or any appurtenance
<br />thereof, nor for any damage or injury from any defect or want of repair of any structure or
<br />device on the contracted property.
<br />1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, its elected
<br />officials, officers, and employees harmless from any and all demands, debts, liabilities,
<br />suits, claims, and causes of action of every kind on account of injury or damage to any
<br />person or property, arising from or connected with the services and contractual duties
<br />provided by the CONTRACTOR hereunder.
<br />1.08 CONTRACTOR is required to provide, during the term of this Agreement, and to keep and
<br />maintain in full force and effect, a policy or policies of insurance, providing at least
<br />$250,0000.00 per person and $500,000.00 for any single occurrence for bodily injury or
<br />death and $100,000.00 for any single occurrence for injury to or destruction of property,
<br />indemnifying the CONTRACTOR and the CITY, its elected officials, officers, and
<br />employees (as an additional insured) for any and all damages, personal injuries, or property
<br />damages sustained in carrying out the duties of this contract, or any part thereof or as the
<br />result of the negligence of the CONTRACTOR or CONTRACTOR's agents, servants, or
<br />employees, and CONTRACTOR shall pay all premiums due thereon when due.
<br />CONTRACTOR shall also be obligated to maintain worker's compensation insurance in
<br />conformance with and as required by State law.
<br />1.09 It is expressly provided that all insurance policies required hereunder shall and must be
<br />written by a reputable insurance company or companies licensed and authorized to write
<br />insurance policies by the State of Texas, and where appropriate must show the CITY, its
<br />elected officials, officers, and employees as an additional insured, subject to approval by
<br />the City Attorney of the City of Paris; and the CONTRACTOR's insurance carrier or
<br />carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or
<br />furnish to said City Clerk a current letter or certificate from such company or companies,
<br />evidencing the fact that such insurance is in full force and shall remain in effect at all times
<br />during this contract period. All such policies shall be written so that CITY will be notified
<br />of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior
<br />to the effective date of such cancellation or amendment. Notice shall be made to the CITY
<br />by certified mail, return receipt requested, addressed to the City of Paris at the following
<br />address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas 75461-9037.
<br />1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with
<br />this Agreement and the Bid Documents attached. In the event CONTRACTOR shall
<br />default in any covenant, condition, provision, or stipulation herein contained, CITY will
<br />notify CONTRACTOR verbally or, at its discretion, in writing, that a default has occurred.
<br />Notice when given shall include a description of the default and the time within which
<br />16
<br />r f
<br />- P002 r
<br />
|