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<br />building line shall be maintained. These respective 50- foot landscape buffers shall be kept free
<br />from all other uses with the exception of signage, drainage and detention improvements, and
<br />approved drives, parking and entrances. Owner- Developer agrees that other building lines will
<br />be either equal to or greater than that required by ordinance for the land use shown and shall be
<br />based on site use and orientation of the improvements or as shown on the General Plan.
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<br />ARTICLE XII. MISCELLANEOUS
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<br />12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or
<br />any portion of the Tract to a person or entity intending to develop the tract or such portion
<br />thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for
<br />the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate
<br />this recorded Contract and exhibits hereto and provide that this Contract be binding on such
<br />Successor Developer.
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<br />12.2 Force Majeure. Ifby reason of force majeure any party hereto shall be rendered unable
<br />wholly or in part to carry out its obligations under this Agreement, then if such party shall give
<br />notice and full particulars of such force majeure in writing to the party within a reasonable time
<br />after occurrence of the event or cause relied on, the obligation of the party giving such notice, so
<br />far as it is affected by such force majeure, shall be suspended during the continuance of inability
<br />then claimed, but for no longer period; and any such party shall endeavor to remove or overcome
<br />such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall
<br />mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders
<br />of any kind of the Government of the United States, or any civil or military authority,
<br />insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
<br />washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial
<br />or entire failure of water supply resulting in an inability to provide water necessary for operation
<br />of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner-
<br />Developer under any set of circumstances prior to commencement of construction on the Tract.
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<br />12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and
<br />no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent
<br />jurisdiction.
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<br />12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any
<br />party hereto of any term, covenant, condition, or liability hereunder, or the performance by any
<br />party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of
<br />subsequent breaches or defaults of any kind, under any circumstances.
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<br />12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
<br />communication, request, reply, or advice (herein severally and collectively, for convenience,
<br />called "Notice") herein provided or permitted to be given, made or accepted by any party to the
<br />other (except bills), must be in writing and may be given or be served by depositing the same in
<br />the United States mail postpaid and registered or certified and addressed to the party to be
<br />notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively
<br />deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of
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<br />H-FinaIDevelopmentAgreement(622174_3).DOC -7-
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