2009-08-24 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes

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In no event shall either Party be liable to the other for consequential, special, or incidental damages arising out of or relating to performance and nonperformance. This limitation shall apply regardless of the form of action, whether in contract or in tort, including negligence or misrepresentation. 22. Insurance. This Contractor shall provide and maintain in full force and effect at no additional costto La Porte forthe duration of the Contract commercial general liability insurance or comprehensive general liability insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and damage to property including contractual liability, premises/operations, products/completed operations, independent contractors, broad form property damage, and personal injury coverage and a minimum aggregate amount of $1,000,000 or commercial/comprehensive general liability insurance plus additional excess umbrella liability insurance to meet these limits. The Contractor agrees that it shall add La Porte, its elected and appointed officials, officers, employees, agents, and successors in interest to the Contractor's liability insurance policies as additional insureds. The Contractor shall require its insurance carrier or agent to certify that this requirement has been satisfied on all Insurance Certificates issued under this Contract. Before any work is initiated and before any invoices are paid for work performed under this Contract, the Contractor shall provide written proof of compliance with the above insurance requirements by delivering to: City of La Porte Attention: La Porte, Texas a copy of a certificate or certificates of insurance completed by its insurance carrier or agent certifying that minimum insurance coverages as required above are in effect and that the coverage will not be canceled or changed until thirty (30) days after written notice is given to La Porte. The Contractor shall maintain, update, and renew the Certificate(s) for the term of this Contract. 23 . Assignment. This Contract shall not be assigned by either party to any third party without prior written consent, which consent shall not be unreasonably withheld. 24 . Attorney's Fees. Should the parties or either of them employ an attorney to enforce by litigation in a court of competent jurisdiction, any of the contract provisions because of a disputed matter arising under this Contract, to assert damages for the breach of the Contract, or in order to obtain injunctive relief, then the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and any expenses expended or incurred. 2 5 . Notices.