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<br />STATE OF TEXAS {
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<br />COUNTY OF HARRIS {
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<br />INDEMNIFICATION AGREEMENT
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<br />THIS AGREEMENT, made this 1st day of October 1993, by the
<br />undersigned Contractor, (hereTnafter referred to as II Indemnitor II ) ,
<br />in favor of the City of La Porte, a municipal corporation, and
<br />Harris County, Texas, and their respective legal representatives,
<br />landlords, agents, employees, officers, and directors, (herein
<br />collectively called the "Indemnitees").
<br />
<br />In consideration 'of Indemnitees permitting the. Indemnitor or its
<br />agents, employees and representative (including subcontractors) to
<br />enter upon and to place, construct or service equipment or material
<br />upon premises owned or controlled by Indemnitees, and/or to use any
<br />equipment owned or controlled by Indemnitees, Indemnitor agrees as
<br />folloW's:
<br />
<br />1.0 INDEMNITY. To the fullest extent permitted by applicable law,
<br />Indemnitor shall and does hereby agree to indemnify, protect, hold
<br />harmless and defend the City of La Porte, a.municipal corporation,
<br />and Harris county, Texas, and their respective legal representa-
<br />tives, landlords, agents, employees, officers, and directors,
<br />(herei.n collectively called the "Indemnitees") from and against all
<br />claims, demands, damages, injuries, losses, liens, causes of action,
<br />suits, judgments, liabilities, costs, and expenses, including court
<br />costs and attorney I s fees,. of any nature, kind or description
<br />(including without limitation, claims for injuries to or death of
<br />any person, or damages to or loss of any property) of any person or
<br />entity (inclUding but not limited to employees, agents, and
<br />subcontractors of Indemnitor, and their dependents, and personal
<br />representa ti ves , or other third parties), directly or indirectly
<br />arising out of, caused by, in connection with, or resulting from (in
<br />whole or in part), (a) the presence or activity of Indemnitor, its
<br />employees, agents and representatives, (including subcontractors on
<br />Indemnitees premises, (b) the condition of the Indemnitees premises,
<br />the adjoining land, or any of the driveways, streets, or alleys used
<br />in connection with the services of Indemnitor, (c) the use of any
<br />equipment by Indemnitor on Indemnitees premises, whether belonging
<br />to Indemnitor, Indemnitees, or otherwise, or the condition of said
<br />equipment, or (d) any act or omission of Indemnitor, any
<br />subcontractor, any of their respective employees, agents, servants,
<br />officers, directors, partners, or anyone directly or indirectly
<br />employed by Indemnitor or any subcontractor, or anyone that either
<br />Indemnitor or any subcontractor controls or exercises control over
<br />(herein collectively called the "Liabilities"). THE OBLIGATIONS OF
<br />INDEMNITOR UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES
<br />EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE
<br />OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH
<br />SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE.
<br />
<br />EXHIBIT liB II
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