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

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,. I' I' N ~. (0 ~ I .0'\ ~I 'l ~ to jJj 'i. e e 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. 10. 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. 11. 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 the Agreement shall remain in full force and effect and shall not be affected by the il~egal, 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. 12. Permitted Exceptions. The easement is granted subject to all matters of record affecting the land covered by the Sewer/ Water Easement Area, to the extent that the same are validly existing and affect such land. 13. Binding Effect. This Agreement is binding upon the heirs, representatives, successors and permitted assigns of the parties hereto and shall run with title to the land underlying the Sewer/Water Easement Area. 14. Abandonment. In the event Grantee shall cease to use and/or maintain the easement or any of the Sewer/Water Easement Area for a continuous period of ninety (90) days, the rights herein granted shall terminate and the parties hereto shall execute a recordable agreement evidencing such termination and Grantee shall, within thirty (30) days after the date of 'Such termination, release of record the easement granted herein as to the Sewer/Water Easement Area and remove all of Grantee's property from the Sewer/Water Easement Area, leaving the portion thereof affected thereby in a good and safe condition. Should Grantee fail to remove its said property from the Sewer/Water Easement Area, as Page 4 of 6