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• Ah Adik Ahk <br />T?;e City agrees to execute all work, either construction or ma,intenancc, at <br />its own cost and exjoense, shown on t.'he plrans, which is or may be indica.ted on such <br />plax:s as the reapongitility of tho City. <br />TYie City agrees to indcrmify the State against any and a.ll, dnmaiges and clair:i: <br />for damage to ad,jeining, abutting or ether property for which the Stato is or may <br />be lia,ble arising out of, incident to or in any way connected with the inealla- <br />tion, the construction, the exigtence, the use and/or maintenance of such street <br />pro,ject asid does hereby agree to indemnify the Statc against any ^,nd all caurt <br />costa, attorneys' fees arid all expenees in coxuiection with auits for such damageand shall, if requested to do so in writing, aesigt or relieve tho Sta.te from <br />defending any such suits brought against it. <br />Nothin.g herein contained 3ha11 ~e construed to place upf,n the State any <br />ma.nner of 1ia:bility f.or inju.ry to or death of persons or for damage to or loes of <br />property a.ri:oing out of or in any manner eonnected with the maintenan.ce or uee of <br />tho street project and the City will sa,vo the State harmle3s from any dama.ges <br />ariaing from sa.id ma,intenanco a.nd/or use of eaid street project. <br />It is underoto.od and agrecd between the parties hereto that the City by <br />virtue of the provisions of its charter and the 1?wg of the State of Texa.s has <br />exclua-Lve cantrol of ra,nd jurisdi.ction over a,ll 3treet3 and public ways wit:iin <br />the ircorpora.ted limits of such city ^nd that tho City has requested and con.serrt()~,'i <br />to the cqnstruction of the above street project herein-~above nauru;d and tre Sta`'te <br />in the construction of tho above atrect pro,ject does so at the special instanee <br />and request of the City. 'I'he location, gradcs and manner oF coristruction show•ri <br />on the p1.an,s attached 'nereto and marked "Exhibit A" are made a part hereof. In <br />case of conflict botween this agreement an.d said plans, the plans shall govern. <br />Nothing in this agreemer,t shall be construed to pla,ce tar:y llabili.ty on the <br />City for personal inju-ry arising out of the constructicn of such street project. <br />It is understood and a.grned between the pecrties hereto that all obligatior_ <br />of the St ate, created herein, to maintain the herein above described street p_roj- <br />ect shall en.d and termina.te ii and when the State shall abas',.don, cnncel or re- <br />locate Guch designatian. <br />It is further understood and aQreed bctween the partiee hereto tYat tho <br />improvemen.t and/or mainten^nce oi the above pxoject by the 8ta.te ifl for the oo1e <br />purpose of providing tho +.ra.velling public a. more adequate travel fa.cility and <br />ehall never be the ba.sis of any claim for Sta,te i3.8$L1Tllp't1.Gi1', or pa.rticipation in <br />tYie paymenl", of r3siy of tho obligatior.s of the Ci.ty incurred in the; improvement, <br />past or present, oi any street projoct. <br />3 9-~+5-937 <br />D- 8 <br />