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bid, or the final contract cost.
<br />C. Indemnification:
<br />CONSULTANT shail release, indemnify and hold CITY and its officers, agents and
<br />employees harmless from and against all damages, injuries (including death,),
<br />claims, property damages (including loss of use), losses, demands, suits, judgments
<br />and costs, including reasonable attorney's fees and expenses, in any way arising
<br />out of, related to, or resulting from the services provided by CONSULTANT but only
<br />to the extent caused by the negligent act or omission or intentional wrongful act or
<br />omission of CONSULTANT, its officers, agents, employees, subcontractors,
<br />licensees, invi ees or any ot er third parties for whom CONSULTANTCS LEGALLY I'l� C'�S
<br />RESPONSIBL�(HEREINAFTE "Claims"). CONSULTANT is expressly required to �"`"'}"
<br />defend CITY against all such Claims.
<br />� �
<br />D. Insurance: -� �
<br />CONSULTANT shall during the term �f%�-�ef maintain in full force and effect the
<br />following insurance: (1) a policy of insurance for bodily injury, death and property
<br />damage insuring against all claims, demands or actions relating to the
<br />CONSULTANT'S performance of services pursuant to this Agreement with a
<br />minimum combined single limit of not less than $500,000.00 Dollars per occurrence
<br />and $1,000,000.00 aggregate for injury to persons (including death), and for
<br />property damage; (2) policy of automobile liability insurance covering any vehicles
<br />owned and/or operated by CONSULTANT, its officers, agents, and employees, and
<br />used in the performance of this Agreement; and (3) Professional Liability insurance
<br />with a limit of not less than $1,000,000.00 Dollars covering Consultant and all of
<br />Consultant's employees, agents and sub-consultants.
<br />All insurance and certificate(s) of insurance shall contain the following provisions (1)
<br />name the City, its officers, agents and employees as additional insured's as to all
<br />applicable coverage with the exception of Professional Liability Insurance; (2)
<br />provided for at least thirty (30) days prior written notice to the City for cancellation,
<br />non-renewal, or material change of the insurance; (3) provide for a waiver of
<br />subrogation against the City for injuries, including death, property damage, or any
<br />other loss to the extent the same is covered by the proceeds of insurance.
<br />All insurance companies providing the required insurance shall either be authorized
<br />to transact business in Texas and rated at least "B" by AM best or other equivalent
<br />rating service, or approved by the City Risk Manager. (d) A certificate of insurance
<br />evidencing the required insurance shall be submitted to the City Clerk prior to
<br />commencement of services.
<br />E. Successors and Assigns: The Owner and the Consultant each binds himself and his
<br />officers, successors, executors, administrators and assigns to the other party of this
<br />Agreement in respect to all covenants of this Agreement; except as above, neither
<br />212 W. 9`h Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax
<br />mhs anmhsnlanninn.com
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