05-11-04 PPG/City of LaPorte - Laserfiche WebLink

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, " ~ ~ i ~ ~ N ~ = W I . ~ e e with a copy to: Askins & Armstrong, P.C. 702 W. Fairmont Parkway P.O. Box 1218 La Porte, TX 77572-1218 Attn: Mr. Knox Askins 9. Grantor's Representations. Grantor represents and warrants that Grantor has the full right and authority to enter into this Agreement, that the execution of this Agreement by the Grantor and by Grantor's agents executing this Agreement on behalf of Grantor has been duly authorized by all required corporate, partnership or other actions. Grantor does not and shall not in any way warrant the condition of the land upon which the Drainage Easement Area is located and Grantee shall exercise the herein granted rights at its own risk with respect thereto. 10. Grantee's Representations. Grantee represents and warrants that it has the full right and authority to enter into this Agreement, that the execution of this Agreement by the officer executing it as Grantee's agent has been duly authorized by all required action of Grantee's City Council, that the Grantee will use the easement solely for ,the purposes described in this Agreement hereof. To the extent allowable by law, Grantee shall defend Grantor from and against any and all loss, costs, damages, claims, actions or liability on account of the death of or injury to any person or persons or the damage to or the destruction of any property, or pollution arising from or growing out of its exercise of the rights herein granted, unless such death, injury, damage, destruction or pollution is caused in whole by the fault, failure or negligence of Grantor. 11. Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Texas as the same may from time to time exist without regard to conflicts of law principles and venue shall lie in Harris County, Texas. 12. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable the same as if such invalid or unenforceable provisions had never comprised a part of the Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. Page 4 of 6