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<br />e <br /> <br />e <br /> <br />If to City: <br />city of La Porte <br /> <br />If to Operator: <br /> <br />P.O. Box 1115 <br />La Porte, TX 77571 <br />Attn: City Manager <br /> <br />Phonoscope Fiber optic <br />Services Ltd. <br />6105 Westline Drive <br />Houston, TX 77036 <br />Attn: Mr. Lee Cook <br /> <br />If to District: <br /> <br />La Porte Independent School District <br />301 E. Fairmont Parkway <br />La Porte, TX 77571 <br />Attn: Superintendent <br /> <br />5.2 Either party may change such address or change the designation <br />or title of the individuals by written notice issued and <br />delivered as above. <br /> <br />6. INDEMNIFICATION. <br /> <br />OPERATOR AND DISTRICT AGREE TO INDEMNIFY, DEFEND, AND HOLD <br />CITY, ITS OFFICERS, AGENTS, EMPLOYEES, AND CONTRACTORS <br />IlARHLESS FROM ALL LIABILITY, DAMAGE, COST, OR EXPENSE ARISING <br />FROM CLAIMS FOR INJURY TO PERSONS, DAMAGE TO PROPERTY, OR <br />PENALTIES OCCASIONED BY REASON OF ANY NEGLIGENT ACT OR <br />OMISSION OF OPERATOR OR DISTRICT, OR ANY OFFICER, AGENT, OR <br />EMPLOYEE OF OPERATOR OR DISTRICT. CITY SHALL NOT AND DOES NOT <br />ASSUME ANY LIABILITY OF OPERATOR OR DISTRICT WHATSOEVER FOR <br />INJURY TO PERSONS, DAMAGE TO PROPERTY, OR PENALTIES OF ANY <br />KIND WHATSOEVER. CITY SHALL PROVIDE OPERATOR AND DISTRICT <br />WITH PROMPT WRITTEN NOTICE OF ANY SUCH CLAIMS, AND OPERATOR <br />AND DISTRICT SHALL HAVE THE RIGHT TO INVESTIGATE, DEFEND AND <br />COMPROMISE ANY SUCH CLAIMS. <br /> <br />7. MODIFICATION AND ASSIGNMENT <br /> <br />This Agreement may not be modified except in writing signed by <br />authorized representatives of Operator, District, and city. <br />Operator may assign its rights and privileges under this <br />Agreement, to another party, with the prior written consent of <br />District and city. <br /> <br />8. ENTIRE AGREEMENT. <br /> <br />Except as herein expressly provided, this Agreement <br />constitutes the entire understanding between the parties with <br />respect to the subject matter hereof, and shall supersede all <br />previous negotiations, commitments, and understandings, <br />written or verbal. This Agreement shall be construed and <br />enforced in accordance with the laws of the State of Texas, in <br />the courts of Harris County, Texas. This Agreement shall be <br />binding upon and shall inure to the benefit of the parties <br />hereto, their respective successors, and assigns. <br /> <br />3 <br />