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<br />CSJ: 0389-15-014
<br />District: Houston - 12
<br />Code Chart 64: 23900
<br />NBI # 12-102-0-0389-15-346
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<br />It is expressly understood that the State does not purport hereby to grant any right, title,
<br />or easement in or upon this highway. It is further understood that the State may require
<br />the City, at the entire cost of the City, and to the extent permitted by law, to temporarily
<br />or permanently remove any installation made by virtue of this agreement, subject to the
<br />provisions of governing laws, by giving written notice, when such removal is necessary
<br />to repair, construct, reconstruct, and/or make changes in said bridge, provided
<br />reasonable time shall be allowed the City to secure the materials and make necessary
<br />changes. It is understood and agreed, however, that in the event of abandonment by
<br />the State or the destruction of all or a part of said bridge by flood, fire, or other causes,
<br />the State shall be under no obligation to furnish any facilities to the City under this
<br />agreement.
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<br />Article 5. Responsibilities of the Parties and Indemnity
<br />City acknowledges that it is not an agent, servant, employee of the State, nor is it
<br />engaged in a joint enterprise, and it is responsible for its own acts and deeds and for
<br />those of its agents or employees during the performance of the work on the Project.
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<br />To the extent permitted by law, City agrees to indemnify and hold harmless the State, its
<br />agents and employees, from all suits, actions or claims and from all liability and
<br />damages for any and all injuries or damages sustained by any person or property in
<br />consequence with the performance of design, construction, installation, existence, use,
<br />maintenance, operation, or removal of the utility facility and does hereby agree to
<br />indemnify the State against all court costs, attorney fees and all expenses in connection
<br />with suits for damage and shall, if so requested in writing, assist or relieve the State
<br />from defending any such suits brought against it. Such indemnity includes but is not
<br />limited to any claims or amounts arising or recovered under the "Worker's
<br />Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and
<br />Remedies Code; or any other applicable laws or regulations, all as time to time may be
<br />amended.
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<br />The City also agrees to pay all damages accruing to the State, to the extent permitted
<br />by law, by reason by injuries to the right of way, roadbed, pavement and/or bridge
<br />owned by the State, when such damages are caused by the installation, existence, use,
<br />maintenance, or removal of the City's facilities from the property of the State.
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<br />Article 6. Sole Agreement
<br />In the event the terms of the agreement are in conflict with the provisions of any other
<br />existing agreements between City and the State, the latest agreement shall take
<br />precedence over the other agreements in matters related to the Project.
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<br />Article 7. Successors and Assigns
<br />The State and City each binds itself, its successors, executors, assigns, and
<br />administrators to the other party to this agreement and to the successors, executors,
<br />assigns, and administrators of such other party in respect to all covenants of this
<br />agreement.
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<br />Version UAcity-01
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<br />Page 3 of 5
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<br />Date: 11/1/06
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