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e e 'f ; , F :. Section 3. That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying a.dj oinmg, abutting or other property caused by, inc idental to, or in any way connected with the passage and enforcement of this ordinance and/or by the in.. stallation, the construction, the use and/or the maintenance of the street project l:1.uthorized 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 adjoin:J.ng, abut- ting or other property, if any there be, arising out of, incident. to, or in any way comected 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 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, the 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 intorvene 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 requested in '-n~iting by the State of Texas so to do, "1holly relieve the State of Texas from rlefending the same, and hereby agrees to hold the State of Toxas harmless as to all judgments, court costs, attorneys' fees and all expenses in cormection with Buch suits. Section 5. Nothing contained herein shall ever be construed to place upon the State of rI'exas any manner of liability for injury to or death of persons or for cia.mage to, or loss of property arisine; 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 at13' damages arising out of said maintenance and/or use of said street project. Sect:l.on 6. That the Mayor of the City be and is hereby authorized to execute :E'0l" and 011 behalf of the City an agreement and contract ,dth the State of Texas in accordance with and for the purpose of carrying out the terms and. provis ions 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 ,l:j.uthOl'ized, as agent of the City, to Gonstruct said project at the locati1m, to tpe grade and in the manner I).S shO\orn on Exhibit "A. II Section 8. That the Mayor of the City, paving requested in writing that this ordinance take effect, fortln.,.ith and there being in fact an emergency and impera- tive public necessity that the "Work herein provided for be begun and carried out promptly and with exped,ition, and that the contract aforesaid shall be immediately made executed and delivered to the end that such worl\: herein provided for may 'be b~gun and carried out prompt.ly and with expedition. The reading of the ordi- nance on three several days is hereby dispensed with and the same shall be in full force and effect from and after ita passage. Ordinance (Highway Projects) 15-40-2673 2