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HomeMy WebLinkAbout0035_3434 all respects. Section III. That nothing in this ordinance shall be construed to obligate the State of Texas to pay any direct, incidental, or consequental damages to adjoining abutting or other property in enforcement of this ordinance or by reason of the installation, reconstruction, existence, use and maintenance of the street project authorized herein. Section IV. For and in consideration of the mutual covenants herein contained, the City does hereby agree to indemnify the State of Texas against all damages and claims for damages to adjoining, abutting, oe other property for which the State of Texas is liable, arising out of, incident to, or in any way connected with the installation, the reoon- struction, existence, use and maintenance of said street pro- jeot and does hereby agree to indemnify the State of Texas against all court costs, attorneys' fees and all expenses in connection with suits for such damages, and shall, if requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought against it. Section V. Nothing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to or death of persons or for damages, to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the City will save the State of Texas harmless from any damages arising out of said maintenance and/or use of said street project. Section VI. The Mayor of the City be and is hereby authorized to execute for and on behalf of the City an agree- ment and contract with the State of Texas in accordance with and for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. Section VII. The Mayor of the City, having re - quested in writing that this ordinance take effect forthwith C.0 �c