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# ~ - Adftk <br />SECTION 4. For and in conAideration of the mutuel covenants herein con- <br />tained, the city doee hereby agree to indemnify the State of Texae againet all <br />damagea and claime f or damages to adjoining, abutting, or other property f or which <br />the State of Texas ie liable, arieing out of, incident to, or in ar~y way connected <br />with the inatallation, the conetruction, exietence, use and maintenance of said <br />street project and does hereb,p agree to indemnify the State of Texae againet all <br />court coste, attorneys' feea and.all expenses in connection with euita f or such <br />damagee, and shall, if requeeted to do ao in writing, aseiet or relieve the State <br />of Tdxae from defending any such euite brought against it. <br />SECTION S. Nothing contained herein aha 11 ever be construed to place upon <br />the State of Texae ar~y manner of liability for injury to or death of pereone or for <br />damages to, or loea of property arising,out of or in ar~y manner connected with the <br />maintenance or uee of the etreet project and the city will eave the State of Texas <br />harmleee from an,y damagea arieing out of said maintenance and/or uee of eaid street <br />pro,ject. <br />SECTION 6. The Mayor 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 purpose of carrying out the terme and proviaione of <br />thie ordinance, in the form attached hereto and marked "Exhibit B". The City <br />Secretary ie hereby directed to atteet tha agreement and contract snd to affix the <br />proper aeal of the city hereto. <br />SECTIOIV 7. The Mayor of the city, having requested in writing that thig <br />ordinance take effect f orthwith and there being in fact an emergency and imperative <br />neceeeity that the work herein provided for be'begun and csrried out promptly and <br />with expedition and that the contract aforesaid shall be immediately made, executed <br />and delivared to the end that auch work herein provided for may be be3un and . <br />carried out promptly and with expedition. The reading of the ordinance on three <br />several daye is hereby dispensed with and the eame ehall be in full force and <br />effect from and after its passage. <br />10-43 -1083 2 <br />