Ord 2004-020 - Laserfiche WebLink

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materials. structures and facilities which are damaged; destroyed or found to be defective as a result of Bluebonnet's negligence. or willful misconduct. Bluebonnet specifically excludes from this indemnity acts of negligence. willful misconduct. or strict liability of the City or third parties not under Bluebonnet's control. B. Bluebonnet. for itself and its agents. employees. subcontractors. and the agents and employees of any subcontractors. shall defend. indemnify. and hold the City. and its successors. assigns. officers. employees and elected officials harmless from and against any.and all 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 out' of; incident to. concerning or resulting from the negligence 'or'willful misconduct of Bluebonnet. its agents. emplovees. or subcontractors. in the performance of all activities and services under this.franchise. no matter how. or to whom. the loss may occur: and/or (ii) death. bodily iniury. illness. disease. worker's 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 negligence or willful misconduct of Bluebonnet. its agents. employees. or subcontractors. in the performance of all activities and services under this franchise. no matter how. or to whom. the loss may occur. C. The City shall give Bluebonnet prompt written notice of any claims or suits that the City claims to come within these indemnity provisions. Bhiëbonnet shall have· the· right to investigate. defend and compromise any such claims or suits. 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 inyalid 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. Bluebonnet will have 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, 2004. PASSED AND APPROVED on second reading on April 12, 2004. PASSED, APPROVED AND ADOPTED on May 10, 2004. µ{~~ Robert Habingreither Mayor 2