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<br />". i <br /> <br />; <br />f,Q <br />~l <br />,~ <br />I <br />g\ <br />N <br />I <br />~ <br />.m <br />.~! <br /> <br />.r <br /> <br />e <br /> <br />e <br /> <br />operation of law or otherwise) the easement or grant any rights to <br />any third party to use the Drainage Easement Area, without the <br />written consent of Grantor, which consent may be withheld in <br />Grantor's sole discretion. <br /> <br />7. Entire Agreement; Waiver. This Agreement states the <br />entire agreement between the parties relating to the easement <br />granted herein. No failure on the part of any party at any time to <br />require the performance by any other party of any term of this <br />Agreement shall in any way affect such party's rights to enforce <br />such terms, nor shall any waiver by any party of any term hereof be <br />taken or be held to be a waiver of any other term hereof, or any <br />breach hereof. <br /> <br />8. Notice. All notices and other communications given <br />pursuant to this Agreement shall be in writing and addressed to the <br />parties hereto at the address listed below and sent by either <br />(i) first class United States mail, postage prepaid, certified, <br />with return receipt requested, (ii) hand delivery to the intended <br />addressee, (iii) nationally recognized overnight courier or (iv) by <br />facsimile transmission with receipt acknowledged by the sending <br />machine, during normal business hours and followed by a <br />confirmatory letter. Notice sent to the addressee at the address <br />provided below shall be effective (i) three (3) business days after <br />being deposited in the United States mail if sent by certified <br />mail, postage prepaid, with return receipt requested, (ii) when <br />delivered if sent by hand delivery and (iii) the next business day <br />if sent by nationally recognized overnight courier or facsimile <br />with receipt acknowledged by the sending machine, during normal <br />business hours and followed by a confirmatory letter. The parties <br />hereto may change their addresses by giving to the other party <br />notice in writing of such new address pursuant to this Section. <br />For purposes of notice, the addresses of the parties shall be as <br />follows: <br /> <br />If to Grantor, to: One PPG Place <br />Pittsburgh, PA 15272 <br />Attention: Manager, Corporate Real Estate <br />Fax: (412) 434-2307 <br /> <br />with a copy to: Bracewell & Patterson, L.L.P. <br />711 Louisiana, Suite 3000 <br />Houston, Texas 77002 <br />Attn: Mr. Ron I. Erlichman <br />Fax: (713) 221-1212 <br /> <br />If to Grantee, to: City of La Porte <br />609 West Fairmont Parkway <br />La Porte, TX 77571 <br />Attn: Ms. Debr~ Brooks Feazelle <br /> <br />Page 3 of 6 <br />