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:'! " .. 1 ""- ..;.. . . Section 3. That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequent ial damages to adjoining, abutting or other property or business or to any tenants occupying ,adjoining, abutting or other property caused by, incidental to, or in any way connected with the passage and enforcement of thie ordinance and/or by the in- stallation, the construction, the uee and/or the maintenance of the street project authorized herein, or to defend any suit or suits which may be brought against the State of Texas by any party or parties for the recovery of any such damages. Section 4. For and in consideration of the mutual covenants herein contained, the City does hereby agree that all damages and claims for damages to adjoinlng, abut- ting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence, 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 ho.ld 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, tl"...e existence, and/or the maintenance of said street proJect, and. agrees to assume the defense of any and all suits brought for the recovery of all alleged damages, and shall :i.ntervene and. make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and ahall if requested in \o1I'iting by the State of Texas 80 to do, \o1holly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless as to all jud.gments, court costs, attorneys I fees ancl all expenses in connection with such suits. ,Section 5. 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 'rexas harmless from any damages arising out of said maintenance and/or use of said street project. Section 6. That the Mayor of the City be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas in accordance with and for the purpose of carrying out the torms and provisions of this ordinance, in the form. attached hereto and marked "Exhibit B." The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. Section 7. That the State be and is hereby I!\.uthol'ized, as agent of the City, to construct said :project at the location, to the grade and in the manner as shovrn on ExM.bit "A." Section 8. That the Mayor of the City, baving requested in writing that this '~dinance take effect fartmfith and there being in fact an emergency and ~pera- tive public necessity that the work herein provided far be begun and carried out promptly and with expe~ition, and that the contract aforesaid shall be im[m)diately made, executed and delivered to the end that such work herein provided for may 'be begun and. carried out prompt.ly and with expedition. The reading of the ordi- :nance on three several days is hereby dispensed with ani!. the same shall be in full force and effect from and after its passage. Ordinance (Highway ProJects) 6-40-2673 2