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Porte with complete copies of all insurance policies certified to be true and correct by the insurance carrier. The City has
<br />the right to review the insurance requirements contained herein and to request adjustment to coverages and limits when
<br />deemed necessary and prudent by the City.
<br />7. Bertuglia's Indemnity Obligation. Bertuglia does covenant, agree to, and shall DEFEND (with counsel reasonably
<br />acceptable to the City), INDEMNIFY, AND HOLD HARMLESS the City of La Porte and the elected and appointed officials,
<br />and the officers, employees, agents, and representatives of the City of La Porte, Texas, individually or collectively, in
<br />both their official and private capacities (collectively, the "City Persons" and each a "City Person"), from and against
<br />any and all claims, liabilities, judgments, lawsuits, demands, harm, losses, damages, proceedings, suits, actions, causes
<br />of action, liens, fees, fines, penalties, expenses, or costs, of any kind and nature whatsoever made upon or incurred by
<br />the City or any other of the City Persons, or any of them, whether directly or indirectly, (the "Claims"), that arise out of,
<br />result from, or relate to: (i) the use, occupancy, or maintenance of, or operation within, the Encroachment Area, (ii)
<br />any representations and/or warranties by Bertuglia (as the case may be) under this Agreement, (iii) any personal
<br />injuries (including but not limited to death) to any Bertuglia Persons (as hereinafter defined) and any third persons or
<br />parties arising out of or in connection with Bertuglia's use, occupancy, or maintenance of, or operation within, the
<br />Encroachment Area, under this Agreement, and/or (iv) any act or omission under, in performance of, or in connection
<br />with this Agreement by Bertuglia or by any of his partners, employees, agents, contractors, subcontractors, invitees,
<br />guests, licensees, or any other person or entity for whom Bertuglia is legally responsible, and their respective owners,
<br />directors, officers, directors, officers, managers, partners, employees, agents, contractors, subcontractors, invitees,
<br />patrons, guests, customers, and licensees (collectively, "Bertuglia Persons"). SUCH DEFENSE, INDEMNITY AND HOLD
<br />HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY
<br />THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY CITY PERSON, OR CONDUCT BY ANY CITY PERSON THAT WOULD GIVE
<br />RISE TO STRICT LIABILITY OF ANY KIND. However, Bertuglia's liability under this section shall be reduced by that portion
<br />of the total amount of the Claims (excluding defense fees and costs) equal to the City Person or City Persons'
<br />proportionate share of the negligence, or conduct that would give rise to strict liability of any kind, that caused the loss.
<br />Likewise, Bertuglia's liability for City Person's defense costs and attorneys' fees shall be reduced by that portion of the
<br />defense costs and attorneys' fees equal to City Person or Persons' proportionate share of the negligence, or conduct
<br />that would give rise to strict liability of any kind, that caused the loss.
<br />Bertuglia shall promptly advise the City in writing of any claim or demand against any City Person related to or arising
<br />out of Bertuglia's activities under this Agreement and shall see to the investigation and defense of such claim or demand
<br />at Bertuglia's sole cost and expense. The City Persons shall have the right, at the City Persons' option and own expense,
<br />to participate in such defense without relieving Bertuglia of any of its obligations hereunder. This defense, indemnity,
<br />and hold harmless provision shall survive the termination or expiration of this Agreement.
<br />8. Termination. This Agreement and the license granted hereunder may be terminated by the City:
<br />(i) in the event Bertuglia fails to comply with any of the terms of this Agreement within ten (10) days after receipt
<br />of notice by Bertuglia from the City of such failure to comply; or
<br />(ii) if the portion of the Property in the Encroachment Area is destroyed or torn down; or
<br />(iii) for any reason or for no reason whatsoever upon thirty (30) days' written notice by the City to Bertuglia; or
<br />Upon the termination or expiration of this Agreement, Bertuglia shall remove all portions of the single- family dwelling, as
<br />well as any other equipment or other property of any kind whatsoever located in the Encroachment Area. At such time,
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