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STATE OF TEXAS{
<br />COUNTY OF HARRIS
<br />INDEMNIFICATION AGREEMENT
<br />THIS AGREEMENT, made thidWiday of , 2003, by the undersigned,
<br />(hereinafter referred to as "Indemnitor"), in favo of the City of La Porte, a municipal
<br />corporation, and Hams County; Texas, and their respective legal representatives,
<br />landlords, agents, employees, officers, and directors, (herein collectively called the
<br />"Indemnitees").
<br />In consideration of Indemnitees permitting the Indemnitor or its agents, employees and
<br />representative (including) to enter upon and to place, construct or service equipment or
<br />material upon premises owned or controlled by Indemnitees; and/or to use any equipment
<br />owned or controlled by Indemnitees, Indemnitor agrees as follows:
<br />1.0 INDEMNITY. To the fullest extent permitted by applicable law, Indemnitor shall and
<br />does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte, a
<br />municipal corporation, and Hams County, Texas, and their respective legal representa-
<br />tives, landlords, agents, employees, officers, and directors, (herein collectively called the
<br />"Indemnitees") from and against all claims, demands, damages, injuries, losses, liens,
<br />causes of action suits, judgments, liabilities, costs, and expenses, including court. costs
<br />and attorney's fees, of any nature, kind or description (including without limitation, claims
<br />for injuries to or death of any person, or damages to or loss of any property) of any
<br />person or entity (including but not limited to employees, agents, and subcontractors of
<br />Indemnitor, and their dependents, and personal representatives, or other third parties),
<br />directly or indirectly arising out of, caused by, in connection with, or resulting from (in
<br />whole or in part), (a) the presence or activity of Indemnitor, its employees, agents and
<br />representatives, (including subcontractor on Indemnitees premises, (b) the condition of
<br />the Indemnitees premises, the adjoining land, or any of the driveways, streets, or alleys
<br />used in connection with the services of Indemnitor, (c) the use of any equipment by
<br />Indemnitor on Indemnitees premises, whether belonging to Indemnitor, Indemnitees, or
<br />otherwise, or the condition of said equipment, or (d) any act or omission of Indemnitor,
<br />any subcontractor, any of their respective employees, agents, servants, officers, directors,
<br />partners, or anyone directly or indirectly employed by Indemnitor or any subcontractor, or
<br />anyone that either Indemnitor or any subcontractor controls or exercises control over
<br />(herein collectively called the "Liabilities") THE OBLIGATIONS OF INDEMNITOR
<br />UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES EVEN IF SUCH
<br />LIABILITIES ARE CAUSED IN WHOLE OR IN PART 'BY THE SOLE OR
<br />CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT
<br />SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE.
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