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transmission pipeline, or all demands, liabilities and <br />judgments for or by reason of any damage, loss, personal <br />injury or death, caused by or arising out of City or its <br />agent's act or failure to act as a result of the use or <br />placement of the particular backfill trench material and City <br />and its agents hereby agree to pay and discharge all costs, <br />charges and expenses that may be incurred in connection <br />therewith and any and all judgments that may be rendered by <br />reason thereof arising from the use or placement of the <br />particular backfill trench material approved by the City. <br /> <br /> 2. This indemnity agreement shall not amend any <br />condition set forth in the above-stated encroachment permit, <br />attached hereto as Exhibit #1 and incorporated herein by this <br />reference, but shall be in addition to said permit. <br /> <br /> 3. This agreement shall remain in effect until the <br />City annexes the property on which the subject trench is <br />located or for a period of ten (10) years after the effective <br />date of this agreement, whichever occurs first. <br /> <br /> <br />