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• AIL • • <br />The City agrees to execute all work, either conotruction or maintenancc, at <br />ite own cost and expenee, ahown orl the plane, which is or may be indica,ted on such <br />plar.s rzs the responsibill-ty of the City, <br />Tfie City a,grees to indemi:fy the State againot any and all dnma.ges and clains <br />for dar.maQc to ad,joini.ng, abutting or other property for which the State is or ma.y <br />be liable arising out of, incident to or in any way connected with the insalla- <br />tion, the construction, the exigtence, the use andfor maintena.nce of snch strect <br />pro,ject and does hereby agree to indemnify the State against any and a.ll court <br />costs, a,ttorneys' fees and a11 exPenses in connection with auits 1or euch damage <br />and shall, if requested to do so in writing, aesist or relieve the Sta,te from <br />defendl_ng any euch suits brought against it. <br />Nothing herein contained shall 1+e construed to place upcin the State any <br />manner of lia:'bility for injury to or dea-th of persons or for dasnaee to or 10s3 of <br />property arising out of or in any manner eonnected with the maintena.n,ce or use of <br />tho gtreet project and the City wi11 eave the State harmless from ^ny dam.a.ges <br />a.rising from sa,id maintenQnco and/or use of eaid street project. <br />It is undcrato.ad and agreed between the parties hereto that the City by <br />virtue of the provisions of its charter and the lawe of the Stfite cf Texas has <br />excluaive control of and jurisdiction over all streets and public ways wit,iin <br />the incorporated lim.its of auch city and that the City has requested and consent(A <br />to the cqnstx°v.ction of the above 3treet project harein -~wbove named and the St,3;=te <br />in the construction of the above street project does so at the special inst€nce <br />and request of the City. The loeation, gradcs ..nd manner of corstruction shown <br />on the pl^,na attached 'nereto and markod "Exhibit A" are ma.de a part hercof. In <br />case oi conflict botween this aE;reement and said pl3.ns, the plans qh,zll govern. <br />Nothing in this agrQement shall be conetrued to pla.ce any 13.a.bility on the <br />City for peroonal injury arieing out of the constructicn of such street pro,ject. <br />It is understood ar?d agreed between the parties hereto that all obligation <br />of the State, created herein, to maintain the herein above described etreet prnj- <br />ect shall end and terminate ii and when the Sta,te shall abandon, cnncel or re- <br />locate such designation. <br />It is further underatood and agreed bctween the pa.rties hereto tYat thc <br />improtaement and/or maintenance of the above pxoject by the 8ta,te io for the sole <br />pu.rposc of providing thc travelling public a more adcquate travel facility and <br />shall never be the ba.sis of any claim for State aesumption; or participatior_ in <br />the paymen'u, of any of the obliga.tior.s of the City incurred in the improvement, <br />pagt or present, of any street pro,joct. <br />3 9-~+5-937 <br />D-8 <br />