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Ah 'imk <br />SECTION 4. For and in coneideration of the mutus 1 covenanto herein con- <br />tained, the city does hereby agree to indemnify the State of Texae againet all <br />damagee and claims for damagea to adjoining, abutting, or other property for which <br />the State of Texas ie liable, arieing out of, incident to, or in any way connected <br />with the inetal].,stion, the conetruction, exiatence, use and maintenance of said <br />atreet project and cioes h6reby agree to indemnify thd State of Texae against all <br />cour.t coete, attorneye' feee and all expenees in connection with suita f or such <br />damsgee, and ehall, if requested to do eo in writing, aesist or reli6Z,6 the State <br />of TexaA from defending any euch auite brought againet it. <br />SECTION 5. Nothing contained herein sha 11 ever be conetrued to place upon <br />the State of Texae any manner of liability for injunj tn or death of peraons or for <br />damagee to, or lose of property ariaing out of or in ar~y manner connected with the <br />maintensnce or uee of the atreet project and the city will eave the State of Texae <br />harmlees from any damages ariging out of said maintenance and/or uae af ssid street <br />pro,ject. <br />SECTION 6. The Nlayor of the city be and ie hereby authorized to execute <br />for and on behalf of the city an agreement and contract with the State of Texae in <br />accordance with and for the purpoee of carrying out the tarme and provieions of <br />thie ordinance, in the form attached hereto and msrked "Exhibit B". The City <br />Secretary ia hereby directed to atte$t the agrsement and contract and to affix the <br />proper eea 1 of the city hereto. <br />SECTION 7. The Mayor of the city, having requested in writing that thie <br />ordinance take effect f orthwith and thdre being in fact an emer.gency and imperative <br />neceeeity that thb work herein provided f or be begun and carried out promptly and <br />with expedition and that the contract aforeesid shall be immediatdly madc'-, executed <br />and delivered to the end that such wprk herein providEd for may bd begun and <br />carried out promptly and with expedition. The resding of the ordinanre on three <br />several riays is hereby dispeneed with ancl the aame shall be in full force and <br />effect, from and after ite paesage. <br />10-43-1083 2 <br />