Encroachment Agreement between COLP and Mr. and Mrs. Bertuglia

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The addresses and addressees for the purpose of this paragraph may be Changed by giving notice of such change in the manner herein provided for giving notice. (d) Governing Law; Venue. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of Texas,without regard to choice of laws rules of any jurisdiction. Any and all suits,actions or legal proceedings relating to this Agreement shall be maintained in the state or federal courts of Harris County,Texas,which courts shall have exclusive jurisdiction for such purpose. Each of the parties submits to the exclusive jurisdiction of such courts for purposes of any such suit, action,or legal proceeding hereunder, and waives any objection or claim that any such suit, action, or legal proceeding has been brought in an inconvenient forum or that the venue of that suit, action,or legal proceeding is improper. (e) Severability. The terms, conditions, and provisions of this Agreement are severable, and if any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction,the validity,legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. (f) Headings; Paragraph headings are for convenience only and shall not be used in interpretation of this Agreement. For purposes of this Agreement, "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded. 07 (g)Binding Agreement;No Third Party Beneficiaries. This Agreement shall be binding on and inure to the benefit of the parties, and their respective successors and permitted assigns. This Agreement and all of CV its provisions are solely for the benefit of the parties hereto and do not and are not intended to create or grant any rights,contractual or otherwise,to any third person or entity. (h) No Waiver of Immunity. Notwithstanding any other provision of this Agreement, nothing in this NAgreement shall or may be deemed to be,or shall or may be construed to be, a waiver or relinquishment of any immunity, defense, or tort limitation to which the City, its officials, officers, employees, representatives,and agents are or may be entitled,including, without limitation,any waiver of immunity to suit. (i)Rights, Remedies;Waiver. Except as set forth in or otherwise limited by this Agreement,the remedies and rights set forth in this Agreement: (a) are and shall be in addition to any and all other remedies and rights either party may have at law,in equity,or otherwise,(b)shall be cumulative,and(c)may be pursued successively or concurrently as either party may elect. The exercise of any remedy or right by either party shall not be deemed an election of remedies or rights or preclude that party from exercising any other remedies or rights in the future.Any rights and remedies either party may have with respect to the other arising out of this Agreement shall survive the expiration or termination of this Agreement. All waivers must be in writing and signed by the waiving party. (j) Entire Agreement; Amendment. This Agreement represents the entire and integrated agreement between the City and Bertuglia with regard to the matters set forth herein and supersedes all prior negotiations,representations and/or agreements,either written or oral. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of each of the City and Bertuglia or it shall have no effect and shall be void.