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Form 2044 (Rev. 0512002) Page 4 of 9 12. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the contract work. 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 within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance, or operation of the facility, and shall promptly reimburse the State for costs of construction and /or repair work made necessary by reason of such damages. Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the Cam. Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the Cam, but the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to pay or disburse any sum of money hereunder. 13. INSURANCE The City shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance, and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right -of -way, the City's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility. 14. USE OF RIGHT -OF -WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grand any interest in the land described herein by merely consents to such use to the extent its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent, permits, or agreements as may be necessary due to this agreement.