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<br />e <br /> <br />e <br /> <br />interpretation and effect, and construed in accordance with the laws of the State of Texas, as <br /> <br />applicable to contracts entered into and to be performed entirely within that State, and in <br /> <br />accordance with federal law. <br /> <br />Section 43. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. All <br /> <br />representations and warranties contained in this Franchise shall survive the tenn of the Franchise. <br /> <br />Section 44. MODIFICATION. Except as otherwise provided in this Franchise or <br /> <br />applicable law, no provision of this Franchise shall be amended or otherwise modified, in whole or <br /> <br />in part, except by an instrument, in writing, duly executed by the City and the Grantee, which <br /> <br />amendment shall be authorized on behalf of the City through the adopting of an appropriate <br /> <br />resolution or ordinance by the City Council, as required by applicable law. <br /> <br />PASSED first reading this the 13th day of July, 1998. <br /> <br />PASSED second reading this the 24th day of August, 1998. <br /> <br />CITY OF LA PORTE <br /> <br />BY:~~~ <br /> <br />orman L. Malone, Mayor ~ <br /> <br />ATTEST: <br /> <br /> <br />Mart a A. Gillett <br />City Secretary <br /> <br /> <br />ox W. Askins <br />City Attorney <br /> <br />34 <br />