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<br />materials~ structures and facilities which are damaged; destroyed or found to be defective as a
<br />result of Bluebonnet's negligence, or willful misconduct. Bluebonnet specifically excludes
<br />from this indemnity acts of neglìgence, willful misconduct or strict liability of the City or
<br />third parties not under Bluebonnet's control.
<br />
<br />B. Bluebonnet, for itself and its agents, employees, subcontractors. and the agents and employees
<br />of anv subcontractors, shall defend, indemnify, and hold the City, and its successors, assigns,
<br />officers, employees and elected officials hannless from and against anv and all "claims,
<br />demands, suits, causes' of action, and iudgments for:
<br />
<br />(i) Damage to or loss of the property of any person (including, but not limited to the
<br />parties, their agents, officers, employees and subcontractors, and third parties) arising out' of:
<br />incident to, conceming or resulting from the negJigence 'or willful misconduct of Bluebonnet,
<br />its agents, employees, or subcontractors, in the performance of all activities and services
<br />under this franchise, no matter how, or to whom, the loss may occur: andlor
<br />
<br />(ij) death, bodily iniury, illness, disease, worker's compensation, loss of services, or
<br />loss of income or wages to anv person (including but not limited to the agents, officers and
<br />employees of the parties, their subcontractors and third parties), arising out of. incident to,
<br />conceming or resulting from the negligence or willful mi·sconduct of Bluebonnet, its agents,
<br />emplovees, or subcontractors, in the performance of a1l activities arid services under this
<br />franchise, no matter how, or to whom, the loss may occur.
<br />
<br />C. The City shall give Bluebonnet prompt written notice of anv claims or suits that the City
<br />claims to come within these indemnity provisions. Blti~bonnet shall have the right to
<br />investigate, defend and compromise any such claims or suits.
<br />
<br />SECTION 2. If any word, phrase, clause, sentence, or paragraph ofthis ordinance is held to
<br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions .of this
<br />ordinance will continue in force if they can be given effect without the invalid portion.
<br />
<br />SECTION 3. This Ordinance will take effect as ofSeptembe'r 23,2003. The City Clerk will
<br />publish notice its adoption in a newspaper of general circulation in the City as required by the City
<br />Charter. .
<br />
<br />SECTION 4. Bluebonnet will have 60 days after the date of the publication of notice of
<br />adoption ofthis ordinance to file its written acceptance with the City Clerk. The written acceptance
<br />will be in the fonn attached as Exhibit A.
<br />
<br />PASSED AND APPROVED on first reading on March 22, 2004.
<br />
<br />PASSED AND APPROVED on second reading on April 12, 2004.
<br />
<br />PASSED, APPROVED AND ADOPTED on May
<br />
<br />10, 2004.
<br />
<br />~, (r4~
<br />
<br />Robert Habingreither
<br />Mayor
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