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<br />.00; <br /> <br />.' <br /> <br />. --.. <br /> <br />,. <br /> <br />e' <br /> <br />.~..... <br /> <br />. ~_.-......... <br /> <br />. <br /> <br />.. <br /> <br />. <br /> <br />e <br /> <br />Form 1002 <br /> <br />SECTION 4. For and in consideration of the mutual covenants herein con- <br />tained, the city does hereby agree to indemnify the State of Texas against all <br />c~ges and claims for damages to adjoining, abutting, or other property for which <br />the State of Texas is liable, arising out of, incident to, or in any way connected <br />with the installation, the reconstruction, existence, use and maintenance of said <br />Eltreet project and does hereby agree to indemnify the State of Texas against all <br />c:ourt costs, attorneys' fees and all expenses in connection with suits for such <br />cLamages, and shall, if requested to do so in writing, assist or relieve, the State <br />of Texas from defending any such suits brought against it. <br /> <br />SECTION 5. Nothing contained herein shall ever be construed to place upon <br />the State of Texas any manner of liability for injury to or death of persons or fot: <br />(~ges to, or loss of property arising out of or in any manner connected with the <br />rmintenance or use of the street project and the city will save the State of Texas <br />harmless from any damages arising out of said maintenance and/or use of said street <br />project. <br /> <br />SECTION 6. The Mayor of the city be and is hereby authorized to execute <br />for and on behalf of the city an agreement and contract with the State of Texas in <br />n,ccordance with and for the purpose of c~rying out the terms and provisions of <br />.this ordinance, in the form attached hereto and marked "Exhibit B". The City <br />Secretary is hereby directed to attest the agreement and contract and to affix the <br />l?rOper seal of the city hereto. <br /> <br />SECTION 7. The Mayor of the city, having requested in writing that this <br />ordinance take effect forthwith and there being in fact an emergency and imperative <br />necessity that the work herein provided for be begun and carried out promptly and <br />lfith expedition and that the contract aforesaid shall be immediately made, executed <br />l:lond delivered to the end that such work herein provided for may be begun and <br />c:arried our promptly and with expedition. The reading of the ordinance on three <br />l:several days is hereby dispensed with and the same shall be in full force and <br />.:!ffect from and after its passage. <br /> <br />2 <br />