1168 ORD COMBINATION CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE

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• AINk _i The City aCrees to execute all work, either con3truction or maintenance, at ite own cost and expense, shown orl the plrzne, which is or may be indica.ted on such plans as the responsibil.ity of tho City, TYie City a,grees to indermi:fy the State against any and a11 dnmages a.nd c"La;.:is for damage to ad,joining, abutting or other property for which the Stato is or m.ay be liable arising out of, incident to or in any way connected with the insalla- tion, the conatruction, the existence, the use and/or maintenance of snch street pro,ject arid does hereby agree to indemnify the Statc against ar,q and a11 court coste, attorneys' fees and a.ll expeneea in connection with suits for such damage and shall, ii requegted to do so in writing, aesist or relieve tho Sta,te from defendizig any euch suits brought against it. Nothirig herein contained shall be conatrued to placc upon the State any manner of lia3ility for irjury to or death of persons or for danaGe to or loss of property a.risin.g out of or in any manner connected with the maintena.nce or use of tho atreet project and the City will aa,ve the State harmlese from ^.,n.y d.a.ma.ges arising from sa.id maintenQnco and/or use of said street project. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the Stnte of Texae has exclusive coritrol of. and jurisdicta.on over a,ll streety and public wa,ys within the ir.corpora.ted limits of such city and that the City has requested and consent6,& to tr,e cpn,struction of tize above street project horein^.a.bove na.med and tre Sta-te in the construction of thc above atreet project does so a.t the special inetance arid req_uest of the City. The loeation, grade.s and manner of corlstruction snown on the plans attached nereto and marked "Exhibit A" are ma.de a part hereof. in case of confiict bctween this a,areement .and said plane, the plans ehall govern. Nothing in this a.greemer,t ehall be construed to place ~+.ny lia,bility on the City for peroonal irijury arising out of the constructicn of such street pro,ject. It is understood and agreed between the part-ies hereto that all obligation of the State, created herein, to mn.intain the herein above described street proj- ect shall en.d and terminate ii and when the State sha,ll abnndon, cnncel or re- locate such designation. It ia i'l,irther understood and aQrced between the parties hereto tYat tho improvement and/or maintena.nce of tho above pxo,ject by the 5ta.te ia fcr the sole purpoee oz providing thc tra.velling public a more adcquate travel f.acility ond gha.ll never be the ba.sis of nny claim for Sta,te assumptipn; or participatiorl in the paym,en'u, of any or tho obligatiors of the Ci_ty incurred in the improvement, past or preaent, of any street project. 3 9-~+5-937 D-&