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from the City, by and through the City Manager or the City Manager's designee,stating in general terms
<br /> how and in what manner the maintenance is required, Owner shall perform such required maintenance. If
<br /> Owner fails to do so,the City shall have the right(in addition to any other rights of the City provided for herein)
<br /> to perform such maintenance,the cost of which shall be borne by Owner.
<br /> (c) In connection with this Agreement, (i) Owner is and shall at all times be and remain
<br /> responsible and liable for the acts and omissions of Owner,its owners,directors,partners,managers,officers,
<br /> employees, representatives, agents, contractors, consultants, licensees, guests, and invitees, and their
<br /> respective owners, directors, partners, managers, officers, employees, representatives, agents, contractors,
<br /> consultants,licensees,guests,and invitees,and(ii)Owner is and shall at all times be and remain responsible
<br /> and liable for the acts and omissions of Owner,its owners,directors,partners,managers,officers,employees,
<br /> representatives,agents,contractors,consultants,licensees,guests,and invitees,and their respective owners,
<br /> directors,partners,managers,officers,employees,representatives,agents,contractors,consultants,licensees,
<br /> guests,and invitees.The provisions of this subparagraph(c)shall survive the termination or expiration of this
<br /> Agreement.
<br /> (d) The City has and shall at all times have the right to enter into,upon,under and over the
<br /> Encroachment Area for any purpose whatsoever,including to make any modifications,repairs,or other
<br /> changes to the Encroachment Area.
<br /> 6. Insurance.
<br /> At all times in connection with this Agreement, Owner shall purchase and maintain in a company or
<br /> companies lawfully authorized to do business in Texas such insurance coverages as set forth below:
<br /> 1. Commercial General Liability insurance at minimum combined single limits of$1,000,000
<br /> per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage
<br /> shall include products/completed operations ($2,000,000 products/completed operations aggregate), and
<br /> XCU (Explosion, Collapse, Underground) hazards. Coverage for products/completed operations must be
<br /> maintained for at least two(2) years after any construction work has been completed. Coverage must be
<br /> amended to provide for an each-project aggregate limit of insurance. An alternative would be to have
<br /> separate limits for all lines of General Liability coverage for each project, and must include contractual
<br /> liability, covering, but not limited to, the liability assumed under the indemnification provisions of this
<br /> Agreement.
<br /> 2. Worker's compensation at statutory (Texas)' limits, including employer's liability
<br /> coverage at minimum limits of$1,000,000 each-occurrence each accident/$1,000,000 by disease each-
<br /> occurrence/$1,000,000 by disease aggregate.
<br /> With reference to the foregoing insurance requirement, Owner shall specifically endorse applicable
<br /> insurance policies as follows:
<br /> 1. The City Of La Porte, Texas shall be named as an additional insured with respect to all
<br /> liability policies.
<br /> 2. All liability policies shall contain no cross liability exclusions or insured versus insured
<br /> restrictions applicable to the claims of the City Of La Porte.
<br /> Encroachment Agreement
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