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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 in
<br /> 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 said Company will so maintain them and all additional ar new works constructed during the life of
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<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 ar suits that may be filed
<br /> against the City for negligence of said Company or any of its employees in the maintenance, erection,
<br /> use, or repair of its lines, poles, towers, wires, anchors, cables, manholes, conduits, and other
<br /> structures and appurtenances in connection with such electric power utility system, or work done in
<br /> connection therewith, or any work described in Sections 2, 3, 4, 5, 6a, 6b, 7, 8, and 9, inclusive of
<br /> this Ordinance, and pay any judgment that may be finally rendered against the City in any such suit
<br /> 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 and
<br /> 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, or
<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
<br /> defenses of the parties under Texas law. It is understood that it is not the intention of the parties
<br /> hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual, or otherwise, to any
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<br /> person or entity.
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<br /> Section 22. Good Faith Effort
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<br /> (a) Company agrees not to discriminate against any customer or general citizen because of
<br /> race, creed, color, sex, religion, handicap, age, or national origin; nor shall any person be denied
<br /> service because of race, creed, color, sex, religion, age, handicap, or national origin.
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