Res 1988-114 - Laserfiche WebLink

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11. It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. The City shall, insofar as it is legally permitted and subject to such limitations, indemnify the State against any and all damages and claims for damages, including those resulting from injury to or death of persons or for loss of or damage to property, arising out of, incident to or in any manner connected with its construction, maintenance or operation of the facility, which indemnification shall extend to and include any and all court costs, attorney's fees and expenses related to or connected with any claims or suits for damages and shall, if requested in writing by the State to do so, assist the State with or relieve the State from defending any suit brought against it. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity. When notified by the State to do so, the other party hereto shall promptly pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, mainten~A ~ or operations of the facility, or its duly authorized agents or ~~~ // employees, and shall promptly reimburse the State for costs of COn$cf~C- construction and/or repair work made necessary by reason of such damageS~ Nothing in this agreement shall be construed as creating any liability .1) in favor of any third party or parties against either of the parties hereto nor shall it ever be construed as relieving any third party or parties from any liabilities of such third party or parties to the parties hereto, but the other party hereto shall become fully subrogated to the State and shall be entitled to maintain an action over and against third party or parties legally liable for having caused it to ~ay or disburse any sum of money hereunder. 13. The City shall provide necessary safeguards to protect State-maintained highways including adequate insurance any dJmages which might result during the construction occupying such airspace or theredfter, and to save the from damages, to the extent of said insurance coverage can legally do so. the public on for payment of of the facility State harmless and insofar as it 14. It is to be understood that the State by execution of this agree~ent does not impair or relinquish the State's right to use such land for right-of-way purposes when it is required for the construction or re- constryction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandon- ment by the State of such land acquired for highway purposes. If the facility is located on the Federal-aid highway system, "ATTACHMENT A," which states additional requirements as set forth in the Federal Highway Administration's Federal-Aid Highway Program Manual, shall be attached to and become a part of this agreement. 15.