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<br />f <br />~ <br />~ <br />Q <br />I <br />1/J <br />~. <br />~ <br />T <br />ff1 <br />~, <br />@ <br />~ <br />~ <br /> <br />Notwithstanding anything contained herein to the contrary, Assignor and Assignee agree <br />to the following. to wit: <br />1) such maintenance, use, and operation as may be perfonned hereunder by <br />Assignee shall be perfonned only to the same extent, and in a like manner, as for other like or <br />similar facilities maintained, used, and operated by the Assignee; and <br />2) the Assignee shall have during the term hereof, and not longer, a right of entry <br />over and across such other lands of Assignor, as may be aQiacent to the Property, for the purpose <br />of accessing the Property, except tbat in the use of such right of entry, Assignee shall not <br />unreasonably interfere with the use being made of the land by Assignor; and <br />3) from time to time, and at any time. Assignor may enter upon the Property for the <br />purpose of inspecting. maintaining, and operating, as to its interest in the Property. the facilities <br />IlJId improvements located thereon, including the outfall ditch, except that such entry shall not be <br />made in a manner that unreasonably interferes with the use of the Property being made by <br />Assignee. and <br />4} the Assignor shall make available to Assignee such alignment maps, drawings, <br />and other materials in its possession that relate to the facilities ~d improvements located on the <br />Property; and <br />S) no reimbursement, in whole, or in part. shall be made, monetary or otherwise, to <br />Assignee for that share of the total cost of such maintenance, use, and operation which may <br />otherwise be attributable to the interest in the easement, and the facilities and improvements <br />located thereon. <br /> <br />To havo and hold, subject to the exceptions to conveyance herein made, the Property, and <br />the improvements located thereon, together with all and singular the rights and appurtenances <br />belonging thereto, without express or implied warranty. All warranties that might arise by <br />common law as well as the warranties in Section S.023of the Texas Property Code (or its <br />successor) are excluded. <br /> <br />4 <br /> <br />, <br />~ <br />I <br />! <br />i <br />I <br />L <br />r <br />1 <br />t <br />I <br />~ <br />