O-2004-2713 - Laserfiche WebLink

Browse Search

cancellation, any and all materials procured by EMPCo up to that time shall remain the sole property of EMPCo. INGRESS AND EGRESS: OWNER hereby grants to EMPCo the right of ingress and egress across all lands owned, leased or controlled by OWNER as may be reasonable or necessary for EMPCo to adjust, inspect, cover, test, connect, operate and maintain the adjusted pipelines. Such ingress and egress shall be along routes as agreed by EMPCo and OWNER. OWNER, ITS SUCCESSOR OR ASSIGNS, SHALL HOLD EMPCo HARMLESS AND FREE FROM ANY AND ALL CLAIMS OF DAMAGES WHICH MAY OCCUR, ARISING OUT OF OWNER'S, ITS SUCCESSORS AND ASSIGNS NEGLIGENCE IN CONNECTION WITH THE DEVELOPMENT OF THE LAND OR IN PARTICULARLY WITH THIS PROJECT. FURTHER, EMPCo SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE SURFACE OF THE LAND, PLANTS, GRASS, SHRUBBERY, TREES OR ANY OTHER IMPROVEMENTS RESULTING FROM THE WORK DEFINED HEREIN OR RELATING TO THE WORK DEFINED HEREIN, EXCEPT THAT EMPCo SHALL BE LIABLE FOR AND SHALL INDEMNIFY OWNER FROM AND AGAINST LIABILITIES, CLAIMS AND COSTS RESULTING EITHER FROM THE ACTIVITIES OF EMPCo EMPLOYEES, AGENTS AND/OR CONTRACTORS OR FROM SPILLAGE OR DISCHARGE OF PRODUCTS OR OTHER HAZARDOUS SUBSTANCE FROM THE PIPELINES. ENTIRETY OF AGREEMENT: This agreement constitutes the entire agreement between the parties hereto and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors or assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. CITY OF LA PORT~ ~ By: AWttJ Cl Name:J>J)y-a 13 hazel/eJ Title: C-i) !:,y}"., ~er EXXONMOBIL PIPELINE COMPANY By: Name: Title: Date: