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<br />9,7. City', Pav;;""" of CO,!, and Eu""mM Incurred bv I1J E'ecuic, TU Electric wiil
<br />send City invoices for all ams and expcll= incurred by it in accord&ncc with the provisions
<br />Oof this Agree",,,,!, City will pay each invoice 'subminul IJ:l it by TU Electric within thirty
<br />(30) days of il.l receipt. Payment will be made at a lo-::arion s;>ecifiod by TV Electric. Any,
<br />portion of...1 invoice not paid whe" duc will bear interest at the maximum rate allowed by law.
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<br />SeeUon 10. REu.-rntiRsEMENT OF TU ELECTIUC COSTS.
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<br />10.1. Costs and Exnen=, The costs Oof labor and work p,e.rformed by TU Electrie
<br />emplo~ and the cost of all wages and salAries, including overtime pay and premiums, paid
<br />to all those employees, including but not limited IJ:l forcmCl, supervisors and inspectors, and
<br />=gin=in~ and 1echnical support services personnel (including costs of cngin=ing and
<br />tcchniC2l suppon and construction services provided to TU Electric by oUl1ide concerns)
<br />necc.ssary, in TO Electric's reasonable judgmcnt, to review, evaluate and approve aIlY Permit
<br />Application, Or to peciorm any 'make-ready' work necessary fOor the attachme:nt of the
<br />Equipment to TU Electric's Disuibution Poles, as well as the costs of any malerlals provided
<br />by 111 Electric and any other costs or expcn= incurred by 111 Electrie under this Agr=ent
<br />will be rcimbuncd by City within thiny (30) days of its receipt of &.1 invoice from TV Eleci.ic
<br />lndicuing the amounts due, Tne costs and expellscs will be determined in accordance with TU
<br />~c's standard estimating and accounting procedures using the unifOorm system of aCCC:lnts
<br />prescribed by the Fe.:!=1 EIlergy Regulatory Commission and, therefore, may vary from time
<br />II) time.
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<br />Section!!. Il\"DE.'1NITY Ah"D rxSt1RANCE
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<br />11.1. bdemnity, City agrees to defend, prOolr:ct, indc:mnify, and save hurnl= TU
<br />Electric, its pare.1t and affi1ia~ companies, and their agents, servants, officers, direclJ:lrs, 2,,-,d
<br />c::nployees, irom a.1d against all claims, exper.ses, demands, judgments, and causes oi action of.
<br />every kind and chu<lcter for penonal injury or deaJh or damage IJ:l Pl'Oj>erl)' arising from t.~e
<br />negli:cnce or fault oi Ci:y, its age.1ts, servants, officers, din:ctors, or e."11ployces, which may
<br />arise OUl of or be c..used by t.~e installation, maintenance, presence, use, allerations,
<br />n:placc."11e.1t, :1:1ocation or ~"'oval of the Equipmenl; provided, however, TU Electric shall no:
<br />be entitled to indemnity for claims, demands, eJ(p"..lIses, judgments !.nd causes of ac'.ion arising
<br />out of ia sole neglige.,ce and fume: provided, in the eve.~t of the joint or conc::Jrre.,: negligence
<br />of both parties. the liabijj:y of the parties sh2.il be dc!:ermined in =rdance with L'le ~ws o( the
<br />SQIC of Texas. In addition, it is exp:-essly understood and ag;re::d thu Ihe provisions of Section
<br />101.023, of the T= Civil Practice and Remedies Cooe shall not apply to Lie City's oblis<-uons
<br />unc1e:r this Section 11. .
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<br />1 J .2. Insu1'?llce If City emers into a contract ....'ith a third pal1y to COllstruet, rt:yJace,
<br />~ocalC, repaiI modify, remove, monilor, O?e=. or maintain the Equipmc.'t. that requires the
<br />third party to provide insurance CDverage for the purpose of protecting City against lwiiity in
<br />connect:ion with the activities of t'lat part)', City agr= to require tllat pany 10 provide the same
<br />insurance cove..gc IJ:l TU Electric in the same amou..u an:! under the same terms and
<br />c:onditions.
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