1127 COP COMBINATION, CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE

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Alk A1116 APA The City agrees to execute all work, either construction or maintena.nce, at its own cost and expe.nse, shcwn on the plans, which is or may be indicated on guch plans as the re.sponsibility of the. City, The City a,grees to indemnify the State against any and all damages anci claims for c?arnage to adjoining, abutting or other propert.y fcr which the State is or may be liable arieing out of, incident to or in any way connocted w3th the installa- tion, the construction, the existerlce, the use and/or maintenance of such street proje.ct and does hereby agree to 3ndemnify the State against any and all court costs, attorneys' fees and all expE:nsEss in connection with suits for euch damage and shall, if requested to do so in writi:g, assist or relieve the State frora de,fending any such suits brought against it. Nothing herein contaa.ned shall be c,,nstrued to p].a.ce upon the State any manner of liabilit.y for in jury to or deatil of p--rsons or for da.:n.age to or loss of propert.y arising out of or in any manner connected with tr:e maintenance er use of the street pro ject and the City will sav- t.ho State narmless fro~ri any damag,--s arising from said maintenance and/or use of said street project. It is underetood and agreed between the parties hereto that the City by virtue of the provigions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public ways within th-n inccrporate d limits, of such city and that the City has requested and consented to the constructiori oi the above street project hereiriabove named and the State in the construction of tllv above street project does so at the specia 1 instance and request of the City. The locatien, t;rades and manner of construction shown cn the plarls attachcd he.reto a.nd marked "Exhibit A" are mar'e a part hereof. • In case c)f conflict between this agreement ;~.nd said plans, the plars shall govern• Nothin~g in this agreement shall be --onstrued to place any liability on the Cit.y for personal injury arising out of the construction of such street project. It is understood and agreed betwoeri the parties hereto that all obligation of the State, created 1ierein, to mainta.in the here.inabovE dascribed street proj- ~ct shall e.nd and terminate if and when the Stata shall aba,ndony cancel or re- locate such dasignation. It is further understood and agreed between the parties hereto that the ituprovement and/or maintenance of the above project bv tho State is for the sole purpose of providi:g the travelling public a mora adequate travel facility and shall never be the laasis of any claim for State assumption, or participation in the payment, of an,y of the obligations nf the City incurred in the improvemcnt, past or present, of any street projecte 9-45-937 3 D-8