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<br />. <br /> <br />e <br /> <br />-3- <br /> <br />(except as hereinafter provided) and shall have no right to have <br />extended to it any services by City, and that said land shall not <br />have extended to it by ordinance any rules and regulations (a) <br />governing plats and subdivisions of land, (b) prescribing any <br />building, electrical, plumbing or inspection code or codes, or (c) <br />attempting to exercise in any manner whatever control over the <br />conduct of business thereon; provided, however, it is agreed that <br />City shall have the right to institute or intervene in any <br />proceeding authorized by the Texas Water Code, the Texas Clean Air <br />Act, or the Texas Health & Safety Code to the same extent and to the <br />same intent and effect as if all land covered by this Agreement were <br />located within the corporate limits of City and not subject to the <br />Agreement. <br />B. Company agrees that it will not, during the term of this <br />Agreement, use or seek legislative or regulatory approval to use, <br />nor allow any other person to use or seek legislative or regulatory <br />approval to use, any portion of the tract(s) of land described above <br />as any part of a commercial hazardous waste management facility, as <br />defined in Chapter 296, Acts of the 72nd Texas Legislature (1991). <br />Company further agrees that it will, within thirty days after <br />execution of this Agreement, place a deed restriction on the <br />tract(s) of land described above prohibiting the use of any portion <br />of such tract(s) as any part of a commercial hazardous waste <br />management facility. Company hereby agrees that in any suit by City <br />for breach of any provision of this paragraph, City may seek and, <br />should it prevail it shall be entitled to, specific performance of <br />this provision of this paragraph. <br /> <br />II. <br />Company agrees to render to City and pay full City ad valorem <br />taxes in the form of "in lieu of taxes" payments, on its land and <br />improvements, and tangible personal property, as fully as if s~id <br />land, improvements, and tangible personal property were annexed to <br />City. <br />