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SROW# 75987
<br /> L 7sye7
<br /> LICENSEES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DONE TO THE
<br /> PROPERTY OR THE PEDESTRIAN AND BICYCLE TRAIL AND RELATED
<br /> APPURTENANCES ON THE PROPERTY, AND, AS PART OF THE CONSIDERATION FOR
<br /> THIS AGREEMENT, LICENSEE HEREBY RELEASES ALL SUCH CLAIMS THAT IT HAS
<br /> NOW, OR MAY HAVE IN THE FUTURE FOR SUCH DAMAGES.
<br /> TO THE FULLEST EXTENT PERMITTED BY THE TEXAS TORT CLAIMS ACT
<br /> AND THE TEXAS CONSTITUTION, THE CITY AGREES TO INDEMNIFY AND HOLD
<br /> LICENSOR (INCLUDING LICENSOR'S EMPLOYEES, CONTRACTORS,
<br /> SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS,
<br /> AFFILIATES, AND SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND THEIR
<br /> RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS) HARMLESS FROM
<br /> AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS,
<br /> JUDGMENTS, COSTS, AND EXPENSES (INCLUDING THE REASONABLE COST OF
<br /> DEFENSE THEREOF AND REASONABLE ATTORNEYS' FEES ACTUALLY INCURRED)
<br /> WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, WHICH ARISE IN FAVOR OF
<br /> THE LICENSEE OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION,
<br /> CLAIMS, DEMANDS OR JUDGMENTS ASSERTED BY OR IN FAVOR OF LICENSEE'S
<br /> CUSTOMERS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUBCONTRACTORS OF
<br /> ANY TIER), ON ACCOUNT OF BODILY INJURIES, DEATH, DAMAGE TO PROPERTY,
<br /> TRESPASS OR OTHER CAUSE OF ACTION IN ANY WAY OCCURRING, INCIDENT TO,
<br /> OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INSTALLATION,
<br /> OPERATION, MAINTENANCE, REPAIR, MODIFICATION, REMOVAL OR PRESENCE OF
<br /> THE PEDESTRIAN AND BIKE TRAIL, WHETHER PERFORMED BY LICENSEE OR
<br /> LICENSEE'S CONTRACTORS OR SUBCONTRACTORS, THE GRANT OF RIGHTS TO
<br /> THE LICENSEE FROM LICENSOR HEREUNDER, AND THE SERVICES PERFORMED BY
<br /> LICENSOR FOR THE BENEFIT OF LICENSEE UNDER THIS AGREEMENT, ALL
<br /> REGARDLESS OF THE NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES,
<br /> CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES,
<br /> SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND EVEN AS A
<br /> RESULT OF THE JOINT, CONTRIBUTORY, COMPARATIVE OR CONCURRENT
<br /> NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, SUBCONTRACTORS,
<br /> AGENTS, DIRECTORS, OFFICERS, AFFILIATES, SHAREHOLDERS, SUBSIDIARIES,
<br /> SUCCESSORS AND ASSIGNS.
<br /> LICENSEE AGREES TO REQUIRE ITS CONTRACTORS AND SUBCONTRACTORS
<br /> TO INDEMNIFY LICENSOR TO THE FULLEST EXTENT PERMITTED BY LAW
<br /> CONSISTENT WITH THE FOREGOING INDEMNITY REGARDLESS OF THE
<br /> NEGLIGENCE OR FAULT OF LICENSOR, INCLUDING ITS EMPLOYEES,
<br /> CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES,
<br /> SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS.
<br /> WITH RESPECT TO ENVIRONMENTAL CONDITIONS, LICENSEE AGREES, TO
<br /> THE FULLEST EXTENT PERMITTED BY THE TEXAS TORT CLAIM ACT AND THE
<br /> TEXAS CONSTITUTION, TO INDEMNIFY AND HOLD LICENSEOR, INCLUDING ITS
<br /> EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS,
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