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0 • <br />IX. <br />OPERATOR shall be required to operate within the current <br />guidelines of its governing body and shall notify OWNER of any <br />possible conflicts with such guidelines, as soon as practicable <br />after the 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 <br />by, resulting from, arising out of, or occurring in connection <br />with the maintenance and operation of OWNER'S transmission system <br />provided for in this Agreement and if any person shall make a <br />claim for any damage or injury (including death resulting <br />therefrom) as hereinabove described, whether such claim may be <br />based upon the OWNER'S alleged active or passive negligence or <br />participation in the wrong or upon any alleged breach of any <br />statutory duty or obligation on the part of the OWNER, the <br />OPERATOR agrees to indemnify and save harmless the OWNER, its <br />agents, servants and employees from and against any and all loss, <br />expense, damage, or injury that the OWNER may sustain as a result <br />of any such claims and the OPERATOR agrees to assume, on behalf <br />of the OWNER, the defense of any action at law or in equity, <br />which may be brought against the OWNER upon such claim and to pay <br />on behalf of the OWNER, upon its demand, the amount of any <br />judgment that may be entered against the OWNER in any such <br />action. <br />XI. <br />Before commencing the work, the OPERATOR shall procure and <br />maintain liability insurance, at its own expense, and procure and <br />maintain workers' compensation and employee liability insurance <br />in 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 />