Res 2004-021 - Laserfiche WebLink

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111aterials~ structures and facilities which are dalllaged~ destroyed or found to be defective as a result of Blllebonnet's negligenceO\ or willful Inisconduct. Bluebonnet specifically excludes from th is indemn ity acts of negli g:ence~ wi llfilllnisconduct~ or strict 1 lability of the City or third parties not under Bluebonnet's control. B. Bluebonnet.. for itself and its ag:ents~ employees't subcontractors~ and the agents and employees of any subcontractors.. shall defend.. indemnify't and hold the City't and its successors~ assigns" officers~ empJovees and elected officials hannless from and a~ainst any and an ·claims__ demands~ suits" causes of action" and iudgments for: (i) Damage to or loss of the propertY of any person (including" but not limited to the parties~ their agents.. officers~ employees and subcontractors~ and third parties) arising oufof..~ incident to~ concerning or resulting from the negl i gence 'or" willful misconduct ofB luebonnet its agents~ employees't or sl1bcontractors~ in the performance of all activities and services under this franchise~ no Inatter how~ or to whom" the loss may occur: and/or (ii) death.. bodily iniurv~ illness~ disease~ workerfs compensation"! loss of services~ or loss of income or wages to any person (including but not limited to the agents" officers and employees of the parties~ their subcontractors and third parties). arising out of" incident to~ concerning or resulting from the nef!ligence or willful misconduct of Bluebonnet.. its agents" etnplovees.. or subcontractors~ in the performance of all activities and services under this franchise~ no lnatter how~ or to whon1.. the loss Inay occur.. c. The City shall give Bluebonnet pron1pt written notice of anY claims or suits that the City claims to come within these indemnity provisions~ Bltièbonnet shall have" the right to in vesti g.ate~ defend and cOîTlpromise any such claims Oï süits. SECTION 2~ If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3 ~ This Ordinance will take effect as of September 23, 2003. The City Clerk will publish notice its adoption in a newspaper of general circulation in the City as required by the City Charter. SECTION 4~ Blllebonnet will11ave 60 days after the date of the publication of notice of adoption of this ordinance to file its written acceptance with the City Clerk~ The written acceptance will be in the form attached as Exhibit A. PASSED AND APPROVED on first reading on March 22, 20049 PASSED AND APPROVED on second reading on April 12, 2004~ PASSED, APPROVED AND ADOPTED on May 10, 2004. ~, {þf&D= Ro bert Habingreither Mayor 2