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the City which arise out of the City's regulatory or police powers, including but not limited to zoning,fence
<br /> and building ordinances.The license granted under the terms of this agreement shall not be construed as
<br /> a variance, special exception, permit, ruling, or order of any kind under or pursuant to any of said rules,
<br /> regulations or ordinances, but instead,this consent relates solely to the City's property rights with respect
<br /> to S. Homes Ave. right-of-way. Should any such variance, special exception, permit, ruling or order of any
<br /> kind be required now or hereafter, it shall be the responsibility of Bertuglia to seek it separately.
<br /> 6. Insurance.
<br /> At all times in connection with this Agreement, Bertuglia shall purchase and maintain home owner's
<br /> insurance in a company or companies lawfully authorized to do business in Texas. Upon request, Bertuglia
<br /> shall furnish the City of La Porte with complete copies of all insurance policies certified to be true and
<br /> correct by the insurance carrier. The City has the right to review the insurance requirements contained
<br /> herein and to request adjustment to coverages and limits when deemed necessary and prudent by the
<br /> City.
<br /> 7. Bertuglia's Indemnity Obligation. Bertuglia does covenant, agree to,and shall DEFEND(with counsel
<br /> reasonably acceptable to the City), INDEMNIFY, AND HOLD HARMLESS the City of La Porte and the
<br /> elected and appointed officials, and the officers, employees, agents, and representatives of the City of
<br /> La Porte,Texas,individually or collectively, in both their official and private capacities(collectively,the
<br /> "City Persons" and each a "City Person"), from and against any and all claims, liabilities, judgments,
<br /> lawsuits, demands, harm, losses, damages, proceedings, suits, actions, causes of action, liens, fees,
<br /> fines, penalties, expenses, or costs, of any kind and nature whatsoever made upon or incurred by the
<br /> City or any other of the City Persons, or any of them,whether directly or indirectly, (the "Claims"),that
<br /> arise out of, result from, or relate to: (i) the use, occupancy, or maintenance of, or operation within,
<br /> the Encroachment Area, (ii) any representations and/or warranties by Bertuglia (as the case may be)
<br /> under this Agreement, (iii) any personal injuries (including but not limited to death) to any Bertuglia
<br /> Persons (as hereinafter defined) and any third persons or parties arising out of or in connection with
<br /> Bertuglia's use, occupancy, or maintenance of,or operation within,the Encroachment Area, under this
<br /> Agreement, and/or (iv) any act or omission under, in performance of, or in connection with this
<br /> Agreement by Bertuglia or by any of his partners, employees, agents, contractors, subcontractors,
<br /> invitees,guests, licensees,or any other person or entity for whom Bertuglia is legally responsible, and
<br /> their respective owners, directors, officers, directors, officers, managers, partners, employees, agents,
<br /> contractors,subcontractors, invitees, patrons,guests, customers,and licensees(collectively,"Bertuglia
<br /> Persons"). SUCH DEFENSE, INDEMNITY AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS
<br /> ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS
<br /> NEGLIGENCE OF ANY CITY PERSON, OR CONDUCT BY ANY CITY PERSON THAT WOULD GIVE RISE TO
<br /> STRICT LIABILITY OF ANY KIND. However,Bertuglia's liability under this section shall be reduced by that
<br /> portion of the total amount of the Claims(excluding defense fees and costs)equal to the City Person or
<br /> City Persons' proportionate share of the negligence, or conduct that would give rise to strict liability of
<br /> any kind, that caused the loss. Likewise, Bertuglia's liability for City Person's defense costs and
<br /> attorneys' fees shall be reduced by that portion of the defense costs and attorneys' fees equal to City
<br /> Person or Persons' proportionate share of the negligence, or conduct that would give rise to strict
<br /> liability of any kind,that caused the loss.
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