Res 2005-032 - Laserfiche WebLink

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I I I Agreement No Article 5 TERMINATION A. This (1 ) (2) agreement may be terminated by any of the following conditions By mutual written agreement and consent of both parties By the State upon determination that use of the State's right-of-way is not feasible or is not in the best interest of the State and the traveling public (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein (4) By satisfactory completion of all services and obligations as set forth herein B The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred The City must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification In the event the City does not remedy the breach to the satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding Article 7 INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employe.es, agents and contractors performed under this agreement which result from an error, om1ssion or negligent act of the City, its officers, employees, agents or contractors Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorney's fees and court costs which may be incurred by the State in litigation or otherwise resisting saiQ claim or liabilities which might be imposed on the State as the result of such activities by the City, their officers, employees, agents or contractors Article 8 INSURANCE A. Prior to beginning any work upon the State's right-of-way, the City and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the City and/or its contractors are encroaching upon the State right-of-way B In the event the City is a self-insured entity, the City shall provide the State proof of its self-insurance The City agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. TRF - TEA30 CLOSURE (Incorporated) Page 3 of 8 Rev 9/9/03