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~. • ~~ ~ <br />IX. <br />OPERATOR shall be required to operate within the current guidelines <br />of its governing body and shall notify OWNER of any possible <br />conflicts with such guidelines, as soon as practicable after the <br />occurrence of said possible conflicts. <br />X. <br />OPERATOR hereby assumes entire responsibility and liability for <br />any and all damage or injury of any kind or nature whatever <br />(including death resulting therefrom) to all persons, whether <br />employees of OPERATOR or otherwise, and to all property caused by, <br />resulting from, arising out of, or occurring in connection with the <br />maintenance and operation of OWNER'S transmission system provided <br />for in this Agreement and if any person shall make a claim for any <br />damage or injury (including death resulting therefrom) as <br />hereinabove described, whether such claim may be based upon the <br />OWNER'S alleged active or passive negligence or participation in <br />the wrong or upon any alleged breach of any statutory duty or <br />obligation on the part of the OWNER, the OPERATOR agrees to <br />indemnify and save harmless the OWNER, its agents, servants and <br />employees from and against any and all loss, expense, damage, or <br />injury that the OWNER may sustain as a result of any such claims <br />and the OPERATOR agrees to assume, on behalf of the OWNER, the <br />defense of any action at law or in equity, which may be brought <br />against the OWNER upon such claim and to pay on behalf of the <br />OWNER, upon its demand, the amount of any judgment that may be <br />entered against the OWNER in any such action. <br />XI. <br />Before commencing the work, the OPERATOR shall procure and maintain <br />liability insurance, at its own expense, and procure and maintain <br />workers' compensation and employee liability insurance in <br />accordance with the laws of the State of Texas. The OPERATOR <br />agrees that nothing contained in this paragraph shall limit or <br />release the OPERATOR from its obligations otherwise provided for <br />in this Agreement, including assumption of liabilities and <br />indemnifications to the OWNER. <br />If the OPERATOR fails to procure and maintain at least the above <br />insurance, the OWNER shall have the right to procure and maintain <br />the said insurance for and in the name of the said OPERATOR, and <br />the OPERATOR shall pay the cost thereof and shall furnish all <br />necessary information to make effective and maintain such <br />insurance. <br />4 <br />