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Upon the termination or expiration of this Agreement,Owner shall remove the second-floor balcony,
<br /> support columns and any other equipment or other property of any kind whatsoever,and shall return
<br /> the Encroachment Area to the condition it was in when Owner first occupied and/or used the
<br /> Encroachment Area pursuant to this Agreement. At such time, there shall be no encroachments by
<br /> Owner into the Encroachment Area (or any other public sidewalk, right-of-way, or street). The
<br /> obligations of this paragraph shall survive the termination or expiration of this Agreement.
<br /> 9. Miscellaneous.
<br /> (a) Assignment. Owner shall not have authority to assign,sell,pledge,transfer,encumber,
<br /> or otherwise convey (any of the foregoing, and the occurrence of any of the foregoing, a
<br /> "Conveyance") in any manner or form whatsoever (including by operation of law, by merger, or
<br /> otherwise)all or part of its rights and obligations hereunder without the prior written approval of the
<br /> City.Any Conveyance of any kind or by any method without the City's prior written consent shall be
<br /> null and void.
<br /> (b) Independent Contractor. Owner is an independent contractors, and nothing in this
<br /> Agreement creates nor shall be construed to create an employer-employee relationship, a joint
<br /> venture relationship,a joint enterprise,and Owner has and shall have exclusive control of and the
<br /> exclusive right to control the details of their respective operations, and all persons performing
<br /> same, and shall be solely responsible for the acts and omissions of its officers, agents, servants,
<br /> employees,contractors, subcontractors, licensees, guests, and invitees.
<br /> (c) Notices. Any notice,correspondence,or statement required to be given or delivered
<br /> hereunder, or otherwise given or delivered in connection with this Agreement, shall be in writing
<br /> and shall be deemed to have been properly given for all purposes (i) if sent by a nationally
<br /> recognized overnight carrier for next business day delivery, on the first business day following
<br /> deposit of such notice with such carrier unless such carrier confirms such notice was not delivered,
<br /> then on the day such carrier actually delivers such notice, or (ii) if personally delivered, on the
<br /> actual date of delivery, or (iii) if sent by certified U.S. Mail, return receipt requested postage
<br /> prepaid, on the third business day following the date of mailing. Addresses for any such notice,
<br /> statement and/or report hereunder are as follows:
<br /> CITY: City of La Porte,Texas, 604 West Fairmont Pkwy.,La Porte,TX 77571
<br /> OWNERS: 1608 3"' St.,Galena Park,TX 77547
<br /> Encroachment Agreement
<br /> Page 6 of 8
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