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<br />oj' <br /> <br />, <br /> <br />. <br /> <br />~ <br /> <br />(6) This easement cannot be assigned, in whole or in part, except to a <br />parent corporation or a corporation acquiring substantially all of Grantee's assets, <br />without the prior consent of Grantor first obtained in writing to such assignment, <br />and any such assignment so attempted without such prior consent shall be null, void <br />and of no force and effect. In the event this easement is assigned by Grantee, the <br />assignee thereof will assume as a condition of such assignment all obligations of <br />Grantee under this easement. <br /> <br />(7) This easement is subject to all easements and rights-of-way of <br />record and is further subject to the rights of all owners of pipeline located on <br />Grantor's premises as of the date hereof. <br /> <br />TO HAVE AND TO HOLD said easement to said Grantee, its successors and <br />assigns, so long as such pipeline is operated and maintained, but upon termination <br />of this easement, whether by failure to continue operation and maintenance of said <br />pipeline or by virtue of the breach of any condition hereof, Grantee agrees that it <br />will promptly remove the same from the premises of Grantor, restoring the surface <br />of the earth, and all fences and other improvements thereon to the condition in <br />which the same existed prior to the installation ~f such pipeline. In the event <br />Grantee fails to remove the same within ninety (90) days after any such <br />termination of this easement, then such pipeline may be removed by Grantor for <br />this account of and at the cost of Grantee, and any such expense reasonably so <br />incurred by Grantor in the removal thereof shall be paid to Grantor promptly by <br />Grantee upon invoice and billing therefor. <br /> <br />Any notice to be given hereunder shall be given by mailing the same by <br />United States registered mail, postage prepaid, to the address hereinbelow shown <br />of the party being notified as follows: . <br /> <br />GRANTOR: Big Three Industries, Inc. <br />Post Office Box 3047 <br />Houston, Texas 77001 <br /> <br />GRANTEE: City.of La Porte <br />Post Office Box 1115 <br />La Porte, Texas 77571 <br /> <br />or to such other address as the parties may from time to time specify in writing by <br />notice given in the manner provided above. Date of mailing shall constitute date <br />of such notice. <br /> <br />EXECUTED this _ day of, ,1981, the parties hereto <br />acting by and through the duly authorized officers of each. <br /> <br />A TrEST: <br /> <br />BIG THREE INDUSTRIES, INC. ~ <br /> <br /> <br />BT- ~.~ <br /> <br />W. M. Boren <br />Vice Chairman of the Board and <br />Chief Operating Officer <br /> <br />~/~ <br /> <br />T. E. Sands <br />Financial Vice President <br /> <br />GRANTOR <br /> <br />ATrEST: <br /> <br /> <br />~ <br /> <br />d~C)1 !!IUA/ <br />.!!] U~"W~ <br /> <br />Betty T. Waters <br />City Secretary <br /> <br />James <br /> <br />Tltl <br />R. Hudgens <br />GRANTEE <br />Manager <br /> <br />City <br /> <br />Page 3 of 4 <br />