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<br />3, Any future relocation of the line due to highway construction or
<br />reconstruction will be made without cost to the State,
<br />
<br />4, The City agrees to provide for the maintenance of its facilities
<br />on the bridge, The City also agrees to install and maintain its facilities
<br />so as not to inconvenience or interfere with highway traffic and will comply
<br />with governing laws and Texas State Department of Highways anct Puh1ic
<br />Transportation regulations and policies, Traffic central w~1~ ~¿ ~n
<br />accordance with the Texas Manual on Uniform Traffic Control Devices for
<br />Streets and Highways. The City will notify the State at least 48 hours
<br />prior to beginning the attachment work or prior to performing maintenance
<br />on it in order that inspection may be arranged if warranted. Should the
<br />City fail to maintain its facilities in a condition acceptable to the State,
<br />the State, after notifying the City, will perform the maintenance and bill
<br />the City for the cost or take other appropriate action to ensure the safety
<br />and convenience of the traveling public,
<br />
<br />5. It is expressly understood that the State does not purport hereby
<br />to grant any right, title, or easement in or upon this highway; it is
<br />further understood that the State may require the City, at the entire cost
<br />of the City, to temporarily or permanently remove any installation made by
<br />virtue of this agreement, subject to the provisions of governing laws, by
<br />giving written notice, when such removal is necessary to repair, construct,
<br />reconstruct, and/or make changes in said bridge, provided reasonable time
<br />shall be allowed the City to secure the materials and make necessary changes,
<br />It is understood and agreed, however, that in the event of the abandonment
<br />by the State or the destruction of all or a part of said bridge by flood, fire,
<br />or other causes, the State shall be under no obligation to furnish any
<br />facilities to the City under this agreement.
<br />
<br />6. The City agrees to pay all damages accruing to the State, by reason
<br />of injuries to the right of way, roadbed, pavement and/or bridge owned by
<br />the State, when such damages are caused by the installation, existence, use,
<br />and/or maintenance of, or removal of the City.s facilities from the property
<br />of the State. The City also agrees to indemnify and save harmless the State
<br />from any and all claims, demands, actions, or causes of action, due to
<br />damage to property or injury to or death of persons arising from or growth
<br />out of or in any manner connected with the installation, existence, use of,
<br />maintenance or or removal of said facilities and does hereby agree to
<br />indemnify the State against all court costs, attorney fees and all expenses
<br />in connection with suits for damage and shall, if so requested in writing,
<br />assist or relieve the State from defending any such suits brought against
<br />it.
<br />
<br />7, This agreement is to continue in force for as long as the City,
<br />its successors or assignees maintain and operate said conduit attached to
<br />said bridge, in actual use or in reserve for future use, unless terminated
<br />sooner pursuant to terms of this agreement.
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