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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 ail claims, liabilities, judgments,
<br /> lawsuits, demands, harm, losses, damages, proceedings, suits, actions, causes of action, liens, fees,
<br /> 07 fines, penalties,expenses,or costs,of any kind and nature whatsoever made upon or incurred by the
<br /> NCity or any other of the City Persons,or any of them,whether directly or indirectly,(the"Claims"),that
<br /> CO 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 anythird
<br /> CV 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 UABIUTY 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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