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<br />'i;I.~I. r -if <br /> <br />II <br />Ul <br />to <br />R~ <br />I <br />.a'l <br />N <br />~ <br /><<l <br />~l <br /> <br />e <br /> <br />- <br /> <br />2. Taxes. Grantee plans to apply to have the Sewer/Water <br />Easement Area be exempt from taxation under Texas Property Code <br />~23.55. Notwithstanding the foregoing, Grantee agrees to reimburse <br />Grantor for (i) any increase in ad valorem taxes with respect to <br />the real property covered by the Sewer/Water Easement Area <br />resulting from Grantor's granting Grantee this easement or <br />Grantee's use of the Sewer/Water Easement Area and (ii) any <br />"rollback taxes" or taxes for prior years resulting from a change <br />in ownership or use resulting from Grantor granting Grantee this <br />easement or Grantee's use of the Sewer/Water Easement Area. <br /> <br />3. Compliance with Laws. Grantee shall comply with and use <br />the easement and the Sewer/Water Easement Area in accordance and <br />compliance with all local, state and federal laws, statutes, <br />orders, decrees and ordinances, including, but not limited to <br />zoning laws and ordinances, environmental laws, utility laws and <br />health and safety laws. <br /> <br />4. Condition. During or immediately after any installation, <br />construction, maintenance, inspection, repair, replacement or <br />removal operations pursuant to this Agreement, the Grantee shall <br />take all reasonable measures to restore the surface of the <br />Sewer/Water Easement Area to the condition in which it was <br />immediately prior to such operations. Grantee assumes the <br />responsibility for the appearance of the Sewer/Water Easement Area <br />and agrees to maintain the same at Grantee's expense so that the <br />appearance is equivalent to that existing as of the date hereof. <br /> <br />5. Assignment. This Agreement is exclusive to Grantee. <br />Grantee shall not assign (by operation of law or otherwise) the <br />easement or grant any rights to any third party to use the <br />Sewer/Water Easement Area, without the written consent of Grantor, <br />which consent may be withheld in Grantor's sole discretion. <br /> <br />6. Entire Agreement; Waiver. This ~greement states the <br />entire agreement between the parties relating to the easement. No <br />failure on the part of any party at any time to require the <br />performance by any other party of any term of this Agreement shall <br />in any way affect such party's rights to enforce such terms, nor <br />shall any waiver by any party of any term hereof be taken or be <br />held to be a waiver of any other term hereof, or any breach hereof. <br /> <br />7. 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 /> <br />Page 2 of 6 <br />