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<br />Section 20. Guarantee
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<br />(a) Company expressly agrees, covenants, and guarantees to the City that its present lines,
<br />poles, towers, wires, anchors, cables, manholes, conduits, and other structures and appurtenances
<br />in connection with its electric power utility system, as now erected and in use in said City under
<br />previous grants, are equipped and constructed with the most modern safety appliances in general use
<br />in this state for the safety and protection of its employees, the customers of said Company, and all
<br />members of the general public in their ordinary use of any of the premises named herein, and that
<br />said Company will so maintain them and all additional or new works constructed during the life of
<br />this franchise; if not so equipped, Company will so equip within ninety (90) days after passage of
<br />this Ordinance, and thereafter so maintain.
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<br />(b) Company further expressly agrees to defend, at its cost, any suit or suits that may be filed
<br />against the City for negligence of said Company or any of its employees in the maintenance,
<br />erection, use, or repair of its lines, poles, towers, wires, anchors, cables, manholes, conduits, and
<br />other structures and appurtenances in connection with such electric power utility system, or work
<br />done in connection therewith, or any work described in Sections 2, 3, 4, 5, 6a, 6b, 7, 8, and 9,
<br />inclusive of this Ordinance, and pay any judgment that may be finally rendered against the City in
<br />any such suit or suits.
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<br />(c) Failure or refusal to comply with either or both of the foregoing subsections shall
<br />constitute good and sufficient cause for forfeiture of this franchise, and the same may be forfeited
<br />by City if, after thirty (30) days' written notice to Company of City's intention to forfeit, compliance
<br />is still refused.
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<br />(d) It is understood that it is not the intention of the parties hereto to create liability for the
<br />benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto
<br />and shall not create or grant any rights, contractual, or otherwise, to any person or entity.
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<br />Section 21. Indemnity
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<br />Grantee shall defend, indemnify, save, and hold whole and harmless the City and all of its
<br />officers, agents, and employees, against any and all claims, lawsuits, judgments, settlements, costs
<br />and expenses for personal injury (including death), property damage, or other harm for which
<br />recovery of damages is sought suffered by any person or persons that may be occasioned by, or arise
<br />out of, Company's performance of any of the terms or provisions of this Ordinance, or by any
<br />negligent or strictly liable act or omission by Company, its officers, agents, employees,
<br />subcontractors, affiliates, and subsidiaries in the construction, maintenance, operation, or repair, of
<br />the generation, transmission, or distribution system, or by the conduct of Company' s business in the
<br />City pursuant to this Ordinance; except that the indemnity provided for in this paragraph shall not
<br />apply to any liability resulting from the sole negligence or fault of the City, its officers, agents,
<br />employees, or separate contractors, and in the event of joint and concurrent negligence or fault of
<br />both the Company and the City, responsibility and indemnity, if any, shall be apportioned
<br />comparatively in accordance with the laws of the State of Texas without, however, waiving any
<br />governmental immunity available to the City under Texas law and without waiving any of the
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