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<br />RECIPIENT AGREES TO INDEMNIFY AND HOLD LCRA AND ITS DIRECTORS, <br />OFFICERS, EMPLOYEES, WHOLESALE CUSTOMERS, AND AGENTS HARMLESS <br />FROM DAMAGES, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, JUDGMENTS, <br />COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEY'S FEES AND <br />EXPENSES RESULTING FROM 1) DAMAGE TO PROPERTY OF ANY PERSON, FIRM, <br />CORPORATION OR GOVERNMENTAL AGENCY, INCLUDING PROPERTY OF LCRA, <br />AND/OR 2) DEATH OF, OR INJURY TO, ANY PERSON OR PERSONS, INCLUDING <br />EMPLOYEES OF LCRA, ARISING OUT OF, AND TO THE EXTENT CAUSED BY, A <br />NEGLIGENT ACT OR OMISSION OR WILLFUL MISCONDUCT OF RECIPIENT, ITS <br />AGENTS, SERVANTS, EMPLOYEES, AND ITS SUPPLIERS AND SUBCONTRACTORS <br />OF ANY TIER, THEIR AGENTS, SERVANTS AND EMPLOYEES. <br /> <br />IN THE EVENT THAT LCRA IS FOUND TO BE CONCURRENTLY NEGLIGENT, <br />RECIPIENT SHALL NOT INDEMNIFY FOR THE PROPORTIONATE NEGLIGENCE <br />ATTRIBUTABLE to LCRA BUT SHALL INDEMNIFY FOR THE PORTION OF <br />NEGLIGENCE ATTRIBUTABLE TO RECIPIENT, ITS AGENTS, SERVANTS, <br />EMPLOYEES, AND ITS SUPPLIERS AND SUBCONTRACTORS OF ANY TIER, 1"HEIR <br />AGENTS, SERVANTS, AND EMPLOYEES. <br /> <br />Neither party shall be liable to the other for incidental or consequential damages, whether or <br />not the possibility of such damages has been disclosed or could have been reasonably <br />foreseen. <br /> <br />Recipient shall procure and maintain insurance in full force and effect throughout th'e term of <br />the Project. Improvements constructed or property purchased with grant funds"shaU be <br />insured against loss for the full value of the improvements or property. <br /> <br />If the terms and conditions stated above are in accordance with your ~nderstanding, please <br />so indicate by signing both originals of this Letter Agreement and returning one of them to <br />LCRA. <br /> <br /> <br />~ <br /> <br />The term. s and conditions stated ab1e are accepted and agreed to on this <br />~ 2W- . <br />. ..~ YY1~ <br /> <br />Recipient: ~-'t 0 . <br /> <br />/ qlkday of <br /> <br /> <br />- <br /> <br /> <br /> <br />Title: ~ rn..a""-~ <br /> <br />By: <br />