|
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained,
<br />ENTERPRISE agrees to perforin the WORK and permit the PROJECT subject to the following tenris and
<br />provisions:
<br />CITY agrees that the description of the WORK contains a complete representation of the WORK
<br />requested of ENTERPRISE to accommodate the PROJECT.
<br />CITY may, at its own expense, inspect the WORK by ENTERPRISE hereunder, but under no
<br />circumstances shall CITY have the authority to delay or stop the WORK.
<br />CITY will pay the amount of SEVEN HUNDRED THIRTY FIVE THOUSAND DOLLARS
<br />(5735,000) in a check made payable to ENTERPRISE TEXAS PIPELINE LLC and it will be
<br />presented with a copy of the executed Agreement.
<br />4. CITY shall perform all operations and construction activity above or adjacent to the Facilities in a
<br />workmanlike and safe manner and in conformance with all applicable industry and governmental
<br />standards and conditions that may be imposed by ENTERPRISE from time to time. No construction
<br />activity by CITY shall be performed over, across, or adjacent to the Facilities until the WORK of
<br />ENTERPRISE has been completed.
<br />5. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to ENTERPRISE by CITY, at
<br />least 48 hours in advance of commencement of any construction activity on or adjacent to the
<br />Facilities, excepting only cases of emergency. Said notice shall be given to Texas One-Call: 1-800-
<br />245-4545.
<br />6. In the event a party breaches any of the terms, covenants or provisions of this Agreement, and the
<br />other party justifiably commences litigation to enforce any provisions of this Agreement, the cost of
<br />attorneys' fees, interest and the attendant expenses will be payable to the prevailing party.
<br />To the extent permitted by law, and without waiving any limitations on liability and immunity granted
<br />by law, the CITY shall inderrinify, save, hold harmless, and at ENTERPRISE's option, defend
<br />ENTERPRISE and its affiliated companies and their directors, officers, employees and agents from
<br />any and all clairns, demands, cost (including reasonable attorney and expert witness fees and court
<br />costs), expenses, losses, causes of action (whether at law or in equity), fines, civil penalties, and
<br />administrative proceedings for ]injury or death to persons or damage or loss to property or other
<br />business losses, including those made or incurred by ENTERPRISE or its directors, officers,
<br />employees, or agents and including environmental damage in any way arising from or connected with
<br />the existence, construction, operation, maintenance, removal or other operations arising out of the
<br />WORK as described in this Agreement and the construction, operation and/or use of the PROJECT by
<br />CITY, except those arising from ENTERPRISE's, or its officers, employees', contractor's or agents'
<br />negligence.
<br />8. It is expressly understood by the parties hereto that ENTERPRISE is not abandoning any right, title or
<br />interest it may have in the above described land.
<br />This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or
<br />understanding pertaining to the WORK or construction activity by and between ENTERPRISE and
<br />CITY.
<br />10, The terms of this Agreement shall constitute covenants running with the land and be binding on and
<br />inure to the benefit of the parties hereto and their successors and assigns,
<br />a 13M city of ,an marcurs -exec reimb agrmt rev Ic doc Page 2 of 3 10/14/14
<br />
|