1168 ORD COMBINATION CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE

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Agk . IML The City aCreeo to execute all work, either construction or maintenance, at ite own coet and expense, ahown on tho plana, which is or may be indicated on such pla.r.s as the responeibility of tho City. The City agrees to indemlfy the State against any und all dama.ges and claimn for dama.6e to a,djoining, abutting or other property for which the Stra.to is or ma,y be lia.ble arising out of, incident to or in a..ny way connected with the insalla- tian, the construction, tho existence, the use and/or maintena,nce of snch street project and does hereby agree to indemnify the Statc against any and all couxt costs, a,ttorneys' fees and a11 expenses in connection with guits for euch da,mage and shall, ii requested to do so in writing, a.esist or relieve the Sta,te from defending any such sui.ts brought agaznst it. Nothing herein contained shall 'be conetrued to place upo+n tne State any manner of lia.bility for injury to or deatih of persons or for da.mage to or los3 of property arieing out of or in a,ny manner connected with "he maintena,.nce or uae of the street project and the City will aave the State harmless from ^ny d.ama.ges a,risin~ from sa.id maintenanco ara.d/or use of eaid street project. It is underatond and agreed between, the pasties hereto that the City by virtue of the provisions of its charter anct the lawg of the State of Texas has exclusive control of a.nd jurisdiction over a,ll street3 and public wa.ys within the ir.corpora,ted limits af such city and that tho City has requested and consente,,'i to tho cQnstx-uction of tlie above 3treet project hereinia:bove named and the Sta-'te in the constrL;ctian of thc above strect project does so at the special instlance and req_uest of the City. The location, grades and manner of construction s'riowri on the plms attached hereto and markod "Exhibit A" are ma.de a part hereof. In case oi eonfiict botween this aoreement and sa.id pla,ns, the plans shr,,ll govern. Nothing in this agreement ghall be construed to pla.ce ony liability on the City For peroonal injury arieing out of the constructicn of such street project. It is vnderstood ar?d agrc3ed between the parties hereto that all obligation of the State, created herein, to maintain the herein Libove described street proj- ect shall end and termina.te if and when the State shall aba.rdon, cancel or re- locate such designatior. It ia iurther understood mad aQrced bctween the parties hcreto t2lat tho improvement usa.d/or maintenance of the above pr, oject by the ;3tate iti for the sole punpose of providing thc +ravelling public a more adequate travel f.acility and ehall never be the basis of any claim for Sta,te a,seurnptipn; or paxticipatior_ in tYie paymsn'u, of any or tho obliga.tior.s of the CS.ty incurred in the improvemE;nt, past or present, of any street praject. 3 9-~+5-937 D- 8 -