2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS

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� 2. by their nature, would be intended to be applicable following any such termination or expiration. B. The Parties expressly agree that the following terms and conditions survive the termination or expiration of this Agreement. L Article V, Sections 5.03, 5.04, 5.05, and 5.06. 2. Article VII, General Terms and Conditions. 6.04. REAL ESTATE. If the City purchases real estate for the Project with Loan Forgiveness Funds and any of the real estate or portion of the real estate within the scope of the Project, the City shall repay to the TWDB the full amount of the Loan Forgiveness Funds for purchase of the real estate that is not used for the Project. Such amount shall be due and payable within 90 days after termination or expiration of this Agreement. 6.05. REMEDIES. A. The City shall have all remedies available in law or equity. B. The TWDB shall have all remedies available in law or equity, including remedies available under Texas Water Code §§ 6.114 and 6.115. ARTICLE VIL GENERAL TERMS AND CONDITIONS 7.01. INSURANCE AND INDEMNIFICATION. A. The City shall at all times keep insured with a responsible insurance company or companies such portions of the Project as are customarily insured by political subdivisions in the State that operate like properties in similar locations under similar circumstances. The City shall insure against risks, accidents, casualties or loss in an amount that is customarily carried by such municipalities and political subdivisions and is at least sufficient to protect the TWDB's interest in the Project. B. The City is an independent entity and contractor and, therefore, is solely responsible for liability resulting from acts or omissions of the City, its employees, contractors, or agents. The City shall indemnify and hold the TWDB and the State harmless, to the extent that the City may do so in accordance with State law. C. Loan Forgiveness proceeds shall not be used by the City when sampling, testing, removing or disposing of contaminated soils and/or media at the project site. The City agrees to indemnify, hold harmless and protect the TWDB from any and all claims, causes of action or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the City, its contractors, consultants, agents, Page 11 of 14 LGL-00?