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<br />by, a negligent act or omission or willful misconduct of Recipient, its agents, servants, <br />employees, and its suppliers and subcontractors of any tier, their agents, servants and <br />employees. <br /> <br />In the event that LCRA is found to be concurrently negligent, Recipient shall not indemnify <br />for the proportionate negligence attributable to LCRA but shall indemnify for the portion of <br />negligence attributable to Recipient, its agents, servants, employees, and its suppliers and <br />subcontractors of any tier, their 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 affect throughout the term <br />of the Project. Improvements constructed or property purchased with grant funds shall 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 understanding, please <br />so indicate by signing both originals of this Letter Agreement and returning one of them to <br />LCRA. <br /> <br /> <br /> <br />~a.I?Ib <br /> <br />Mark Rose <br />General Manager <br />LCRA <br /> <br />The terms and conditions stated above are ~d and agreed to this 22 day of March <br />192.L. ~Q <br /> <br />Recipient: City of San Marcos ~ <br /> <br /> <br />Title: ~ty Manager <br /> <br />By: ---llf-o -4 ')A.~ <br />