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e e and/or the maintenance of said street project shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless the State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the construction, the use and the ex- istence and/or the maintenance of said street project, and agrees to assume the de- fense of any and all suits brought for the recovery of all such alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if reauested in writing by the state of Texas so to do, wholly relieve the State of Texas from defending the same, and her,eby agrees to hold the State of Texas harmless from all judgments, court costs, attorneys fees and all expenses in connection with such suits. 3. As its contribution to the construction of the above mentioned street proj- ect, the State agrees to prepare or provide plans and specifications, and supervise construction thereof and to pay all of the cost of the actual construction thereof. 4. Nothing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to, or death of persons, or for damage to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the City will save the State of Texas harmless from any damages arising from said maintenance and/or use of said street project. 5. It is understood and agreed between the parties hereto that the City, by virtue of the provisions of its charter. and the laws of the State of Texas, has ex- clusive control of and jurisdiction of all streets and public ways within the incor- porated limits of said City, and that the City has requested and has consented to the construction of the street project hereinabove named, and the State, in the construc- tio:n of the apove named street project, does so at the special instance and request of 'the City. The location, grades and manner of the construction being shown on plans attached hereto marked Exhibit "A" and made a part hereof. The State Highway Department of the State of Texas acts as the agent of the City in the construction of the street project thereof. 6. Nothing in the agreement shall be construed to place any liability on the City for personal injuries arising out of the construction of said street project. Agreement (Highway Projects) 6-40-2674 2