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Adb,, AIM16 <br />SECTION 4. For and in coneideration of the mutual covenante herein con- <br />tained, the city doea hereby agree to indemnify the State of Texas againet all <br />damages and claime for damagee to adjoining, abutting, or other property f or which <br />the State of Texas ie liable, arising out of, incident to, or in any way connected <br />with the inetall,ation, the conetruction, exietence, uae and maintenance of said <br />etreet project and doea hereby agree to indemnify the St,ate of Texas againet all <br />court coets, attorneye' feee and all expensee in connection with suita f or euch <br />damsgee, and ahall, if requeeted to do eo in writing, aseiet ox relieve thd State <br />of Texas from defending ax~y euch suite brought againet it. <br />SECTION 5. Nothing contained herein shall ever be conetrued to place upon <br />the St,ate of Texas ar~y manner of liability for injury to or death of peraone or for <br />damagee to, or lose of property arieing out of or in any manner connected with the <br />maintenance or uae of the etreet project and the city will aave the State of Texas <br />harmleea from ar~p damagea arieing out of eaid maintenance and/or use of aaid atreet <br />pro,ject. <br />SECTION 6. The Mayor of the city be and ia hereby authorized to execute <br />for and on behalf of the city an agreement and contract with the State of Texas in <br />accordance with and for the purpoee of carrying out the terma and proviaione of <br />thie ordina nce, in the form attached hereto and marked "Exhibit B". The City <br />Secr.etary ie hereby directed to atteet the agreement and contract and to affix the <br />pxoper aeal of the city hereto. <br />SECTION 7. The Mayor of the city, having requeated in writing that thie <br />ordinance take effect f orthwith and there being in fact an emergency and imperative <br />neceasity that the work herein provided for be bagun and carried out promptly and <br />with expedition and that the contract aforesaid shall be imnediately made, executeri <br />and delivered to the end that euch work herein provided for may be begun and <br />carried out promptly and with expedition. The reading of the ordina nce on three <br />several days ie hereby dispenaed with and the eame ehall be in full force and <br />effect from and after ite paeeage. <br />10-43-1083 2 <br />