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The City agrees to indemnify the State against any and all damages
and claims for damage to adjoining, abutting or other property for which the
State is or may be liable arising out of, incident to or in any way connected
with the installation, the construction, the existence, the use and/or main-
tenance of such street project and does hereby agree to indemnify the State
against any and all court costai,attorneys' fees and all expenses in con-
nection with suits for such damage and shall, if requested to do so in writing,
assist or relieve the State from defending any such suits brought against it.
Nothing herein contained shall be construed to place upon the State
any manner of liability for injury to or death of persons or for damage 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 harmless fraan
any damages arising from said maintenance and/or use of said street project.
It is understood and agreed between the parties hereto that the City
by virtue of the provisions of its charter and the laws of the State of Texas
has exclusive control of and jurisdiction over all streets and public ways
within the incorporated limits of such city and that the City has requested and
consented to the construction of the above street project hereinabove named
and the State in the construction of the above street project does so at the
special instance and request of the City. The location, grades and manner of
construction shown on the plans attached hereto and marked "Exhibit A" are made
a part hereof. In -case of conflict between this agreement and said plans, the
plans shall govern.
Nothing in this agreement shall be construed to place any liability
on the City for personal injury arising out of the construction of such
street project.
It is understood and agreed between the parties hereot that all
obligation of the State, created herein, to maintain the herein above described Gt
street project shall end and terminate if and when the State shall abandon,
cancel or relocate such designation.
It is further understood and agreed between the parties hereto that
the improvement and/or maintenance of the above project by the State is for
the sole purpose of providing the travelling public a more adequate travel
facility and shall never be the basis of any claim for State assumption, or
participation in the payment, of any of the obligations of the City incurred
in the improvement, past or present, of any street project.
The City further agrees to establish and enforce parallel parking along
the present routes of U. S. Highway No. 81 and State Highway No. 29 as provided
in State Highway dommi.ssion Minute No. 36,451.