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<br />"c <br /> <br />Form 1038 <br />Rev 9-1-53 <br /> <br />~ <br /> <br />Indemnification <br /> <br />1. The City agrees, to indemnify the State against any and all damages and <br />claims for damages to adjoining, abutting or other property arising out <br />of or in any manner connected with the maintenance or use of the state <br />Highway covered herein for which the State is or may be liable, and to <br />indemnify the State against any and all court costs, attorneys' fees and <br />all expenses in connection with suits for such damages, and, if requested <br />to do so in writing, to assist or relieve the State from defending any such <br />suits brought against it. <br /> <br />Termination <br /> <br />1. It is understood and agreed between the parties hereto that all obligation <br />of the State created herein to maintain the State Highway routes covered by <br />this agreement shall terminate if and when they are no longer routes of <br />State Highways; and further, that should either party fail to properly fulfill <br />its obligations as herein outlined, the other party may terminate this agree- <br />ment upon thirty days written notice. <br /> <br />Said State assumption of maintenance to be effective the date of execution of <br />this agreement by the Highway Department. <br /> <br />._, IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the <br />ity of San Maraoe <br /> <br />on the =1.3d day of November , l~~, and the Highway Department <br /> <br />on the <br /> <br />l -< i). <br /> <br />day of <br /> <br />,---! <br /> <br />.-c' -:.. ..-Y/ ~'~)' ;'. -/........ <br /> <br /> <br />ATTEST: 4 <br /> <br />(a~/ 7~L/ <br /> <br />-STATE OF TEXAS <br /> <br />APPRO()H~C~~ED: <br /> <br />f ?;;/ ,,- (/' -,? ::! :..../ >'/ <br />,U,SJ;,":District Engineer, District /d <br />1- , <br /> <br />I' <br />C!2.~?I~_A____ <br />IA ..""Maintenance Engineer <br />Note: To be executed in triplicate <br />and supported by Municipal <br />Maintenance Ordinance and <br />Certificate of City Secretary <br /> <br />) <br /> <br /> <br />Certified as being executed for the <br />purpose and effect of activating and/or <br />carrying out the orders, established <br />pOliCies, or work programs heretofore <br />approved and authorized by the State <br /> <br />Highw L~&:JaLL <br /> <br />Engineer of Maintenance <br />Operations <br /> <br />5 <br />