2011-049 RES AWARDING A CONTRACT TO JB&L UTILITY

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The CONTRACTOR and his sureties shall indemnify, defend and save harmless the CITY and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost including attorneys fees, which may be obtained against the CITY growing out of such injury or damage. The CONTRACTOR likewise covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and against any and all injuries, loss or damages to property of the CITY during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the CITY. Article 10. MISCELLANEOUS 10.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 11. NOTICE Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested addressed accordingly: CITY CONTRACTOR City Manager J.B. and L. Utility Contractors City of Paris 250 E. Pine P. O. Box 9037 Blossom, TX. 75416 Paris, TX 75460