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<br />This Agreement and Franchise shall automatically renew thereafter for successive five ( 5) year terms I
<br />unless one party notifies the other in wntmg of its intention not to renew this Agreement and
<br />FranchIse at least SIX (6) months m advance of a respective renewal date.
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<br />SECTION 8 IndemmficatlOn. Bh:lebonnet agrees to mdemfllfy, kold karmless aRd defend the City
<br />and its 0ffieials 0r empl0yees from and against any claims or liabihtywluch may be mCI:lITed by reason
<br />of aHY act or omissioN of Bll:lebonnot m connection '.vitk its operatIOns kereunder.
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<br />A. Bluebonnet shall defend, indemmfy and hold CIty harmless from and agamst all damages,
<br />cost, loss or expense for the repair, replacement. or restoration of City'S property, eqUIpment,
<br />matenals, 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 mdemmty acts of neghgence, willful mIsconduct, or stnct hability of the City or
<br />third parties not under Bluebonnet's control.
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<br />B. Bluebonnet, for itself and its agents, employees, subcontractors, and the agents and employees
<br />of any subcontractors, shall defend, mdemmfv, and hold the City, and its successors, asSigns,
<br />officers, employees and elected offiCials harmless from and against any and all claims,
<br />demands, suits, causes of action, and iudgments for:
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<br />(i) Damage to or loss of the property of any person (mcludmg, but not limited to the
<br />parties, their agents, officers, employees and subcontractors, and third parties) ansmg out of,
<br />mCldent to, concernmg or resultmg from the neghgence or WIllful misconduct of Bluebonnet,
<br />It'S agents employees, or subcontractors, m the performance of all actIvItIes and services
<br />under thIS franchIse, no matter how or to whom the loss may occur; and/or
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<br />(ii) death, bodily iniury, illness, disease, worker's compensation, loss of services, or
<br />loss of mcome or wages to any person (includmg but not hmlted to the agents, officers and
<br />employees of the parties, their subcontractors and thIrd partIes), ansmg out of, mCldent to,
<br />concernmg or resultmg from the neghgence or willful misconduct of Bluebonnet, ItS agents,
<br />employees, or subcontractors, in the performance of all actIvitIes and services under thiS
<br />franchise, no matter how, or to whom, the loss may occur.
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<br />C. The City shall give Bluebonnet prompt wntten notice of anv claims or SUItS that the City
<br />claims to come wlthm these mdemnity provisions. Bluebonnet shall have the right to
<br />mvestIgate, defend and compromise any such claims or SUItS.
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<br />SECTION 9 Cash Consideration. From and after the effectIve of this ordmance Bluebonnet shall pay
<br />to the City for ItS supervision of this Agreement, for annual inspection fees, for service charges, and
<br />for the use of its streets, alleys, Sidewalks Bluebonnet shall furnish annually by Marek 31 April 30th
<br />of each year I:lNGer oath of all the gross reeeipts oftne Bll:lebonNet from the rondltlOn of electnc I:ltihty
<br />service withiN the e01'florate hmlts oftne City a copy of the condensed audited finanCial statements for
<br />the pnor caleHdar year
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<br />SECTION 15. RegulatION of Rates. Tke City aHd Bll:lebonRet agrco that the City shall have the
<br />authonty to regl:llate tke rates aRd tariffs of Bll:lebonnet for electne I:ltilit)' sorvlce provided '.vlthm tho
<br />Clt)' m aceordaRee "lith appheaele laws 0ftho State of Tex:as.
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<br />SECTION 2 If any word, phrase, clause, sentence, or paragraph of thIS ordmance IS held to
<br />be unconstItutIOnal or mvahd by a court of competent JUrISdIctIOn, the other provlSlons of thIS
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