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Form 2044 (Rev. 8/21) <br />Each party agrees and acknowledges that it is not an agent, servant, or employee of the other party and that <br />under this provision each party is responsible only for its own acts and for those of its agents, servants, <br />independent contractors or employees. Such responsibility includes, but is not limited to any claims or amounts <br />arising or recovered under the "Workers Compensation Law," the Texas Tort Claims Act, Chapter 101, Texas Civil <br />Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. <br />Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State <br />and the City of Paris. Additionally, this agreement shall not ever be construed as relieving any third party from <br />any liability against the State. Furthermore, the City of Paris shall become fully subrogated to the State's rights <br />of recovery and shall be entitled to maintain any action over and against any third party who may be liable for <br />damages. The State agrees to execute and deliver instruments and papers and to otherwise do that which is <br />necessary to secure such rights. <br />13. INSURANCE <br />The City of Paris, shall provide necessary safeguards to protect the public on State maintained highways <br />including adequate insurance for payment of any damages which might result during the construction, <br />maintenance, repair and operation of the facility. The City of Paris shall include TxDOT as an additional insured <br />by endorsement in the City of Paris commercial general liability insurance policy. Prior to beginning work on the <br />State's right of way, the City of Paris' construction contractor shall submit to the State a completed insurance <br />form (TxDOT Form No. 1560) or appropriate certificate of self-insurance and shall maintain the required <br />coverage during the construction of the facility. <br />14. USE OF RIGHT OF WAY <br />It is understood that the State by execution of this agreement does not impair or relinquish the State's right to <br />use such land for highway purposes when it is required for the construction or re -construction of the traffic <br />facility for which it was acquired, nor shall use of the land under such agreement ever be construed as <br />abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant <br />any interest in the land described herein but merely consents to such use to the extent its authority and title <br />permits. <br />