10-08-12 Regular Meeting of La Porte City Council

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Each party may participate in.the defense of a claim -or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without the.other parties' written consent. To the extent authorized by law, the local political subdivision agrees to indemnity and hold harmless 'the TDPS against any. ciaims, suits, actions, damages and costs of every nature or description arising out of or resultingfrom the performance of this Contract, and the local political subdivision further agrees to satisfy any final judgement awarded against the local political subdivision or the TDPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgement or related cost is not attributed by the judgement of a court of competent jurisdiction to the sole negligence of the TDPS. it is the agreement of the parties that -any litigation involving the parties to this Contract. may not be compromised or settled without the `express consent of the TDPS, unless. such litigation does not name the TDPS as.a party. This section is subject to the statutory rights and duties of the Attorney General for the State. of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. ACV. Severability If any provision. of this Contract. is. held to beill ega. I, invalid or unenforceable under present or future laws effective during the term hereof, such provision shah be fatly severable. This Contract shalt be construed. and enforced. as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the. illegal, invalid or unenforceable provision or by its severance therefrom. Revised (11104). 6