2013-005 RES APPROVING MULTIPLE USE AGREEMENT BY AND BETWEEN STATE OF TX AND COP

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Form 2044 (Rev. 11/11) Page 5 of 9 Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the Local Government . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the Local Government shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the Local Government to pay or disburse any sum of money hereunder. 13. HOLD HARMLESS The Local Government shall indemnify and save harmless the State and its officers and employees from all claims and liability due to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by or result from error, omission, or negligent act of the party or of any person employed by the party. The Local Government shall also indemnify and save harmless the State from any and all expense, including but not limited to attorney fees that may be incurred by the State in litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of such activities by the Local Government , its agents, or employees authorized under this agreement. The Local Government further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the party against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the Local Government . The indemnification of the State shall extend for a period of three (3) years beyond the date of termination of this agreement. 14. INSURANCE The Local Government , shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right of way, the Local Government 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility.