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<br />TEXAS GENERAL LAND OFFICE <br /> <br /> <br />COASTAL EASEMENT NO. CE 20050145 <br /> <br />By virtue of the authority granted by Chapter 33 of the Texas Natural Resource Code, Title 31 of the Texas <br />Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and <br />u _ regulations promulgated pursuant thereto, the State of Texas (the "Grantor"), acting by and through the <br />",._ L ~ Commissioner of the General Land Office (the "GLO") as Chairman of the School Land Board (the "Board) on <br />u.L; behalf of the Permanent School Fund (the "PSF"), hereby grants to the grantee (the "Grantee") named under <br />-I .. the "Grantee Name" section of Attachment A, the Control Page, the right to use a tract of state-owned real <br />~.'... '" property (the "Premises"), which property is described in the "Premises" section of Attachment A and <br />.~ ~L; further depicted in Attachment B, for the purposes described in this agreement (the "Agreement"). <br /> <br />ARTICLE I: <br /> <br />INTERPRETIVE PROVISIONS <br /> <br />(a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined <br />terms; <br /> <br />(b) The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole <br />and not to any particular provision, section, Attachment, or schedule, unless otherwise specified; <br /> <br />(c) The term "including" is not limiting and means "including without limitation" and, unless otherwise <br />expressly provided in this Agreement, (i) references to agreements (including this Agreement) and <br />other contractual instruments shall be deemed to include all subsequent amendments and other <br />modifications thereto, but only to the extent that such amendments and other modifications are not <br />prohibited by the terms of this Agreement; and (ii) references to any statute or regulation are to be <br />construed as including all statutory and regulatory provisions consolidating, amending, replacing, <br />supplementing, or interpreting the statute or regulation; <br /> <br />(d) The captions and headings of this Agreement are for convenience of reference only and shall not <br />affect the interpretation of this Agreement; <br /> <br />(e) All attachments within this Agreement, including those referenced by incorporation, and any <br />amendments are considered part of the terms of this Agreement; <br /> <br />CE20050 145 <br />cenewp.doc <br />adabney <br /> <br />CUSTOMER ID: C000000895 <br />