02-18-15 Coastal Easement Lease No. CL20140007/Texas General land Office

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">>1 BK VOL Fr, ' 102228 OR 1565 fg (b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant, with or without having terminated the Agreement;or (c) alter locks and other security devices,if any,at the Premises. The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any • •.: of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair •• any other right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. •.•••: Every right and remedy given by this Agreement to the Grantee or the Grantor may be exercised from time-to-time • and as often as may be deemed expedient by the Grantee or the'Grantor, as the case may be. In an Event of Default, 0009 the Grantor shall have the option,but not the obligation,to mitigate its damages. •••• ARTICLE VI: GENERAL TERMS,CONDITIONS,AND EXCEPTIONS • 6.01 ASSIGNMENT: THE GRANTEE SHALL NOT ASSIGN OR OTHERWISE DISPOSE OF AN INTEREST IN THIS so on ee AGREEMENT OR THE PREMISES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE GRANTOR; AND ANY ATTEMPT TO ASSIGN OR OTHERWISE DISPOSE WITHOUT CONSENT SHALL BE VOID AND OF NO EFFECT. THIS PROHIBITION AGAINST ASSIGNING OR DISPOSITION SHALL BE CONSTRUED TO INCLUDE A PROHIBITION AGAINST ANY ASSIGNMENT OR DISPOSITION BY OPERATION OF LAW. IF THIS AGREEMENT IS ASSIGNED,OR IF AN INTEREST IN THIS AGREEMENT OR THE PREMISES IS DISPOSED OF,THE GRANTOR MAY NEVERTHELESS COLLECT CONSIDERATION FROM THE ASSIGNEE AND APPLY THE NET AMOUNT COLLECTED TO THE CONSIDERATION PAYABLE HEREUNDER. NO SUCH TRANSACTION OR COLLECTION OF CONSIDERATION SHALL RELEASE THE GRANTEE FROM THE FURTHER PERFORMANCE OF ITS COVENANTS,DUTIES,AND OBLIGATIONS. 6.02 INDEMNITY: EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GRANTOR,THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS THE GRANTOR AND THE GRANTORS OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED)ARISING IN CONNECTION WITH: ■ THIS AGREEMENT; ■ THE USE OR OCCUPANCY OF THE PREMISES; ■ ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE PREMISES;OR ■ ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS,THE TEXAS TORT CLAIMS ACT,OR ANY OTHER SUCH LAWS. THE GRANTEE ASSUMES RESPONSIBILITY FOR THE CONDITION OF THE PREMISES. THE GRANTEE EXPRESSLY AGREES TO USE AND OCCUPY THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OWN RISK. THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES, CUSTOMERS,AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GRANTOR. 6.03 PROTECTION OF NATURAL AND HISTORICAL RESOURCES (a) Unauthorized Discharge: The Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural resources in, on, or about the Premises that is the result of an act or omission of the Grantee,its officers, employees, agents,representatives, contractors, and/or invitees,the Grantee shall immediately notify appropriate agencies of the State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee shall be liable for all damages to the Premises, public lands, and waters as a result of such act or omission and for mitigation of any such damages. I� CL20140007 5 CustomerlD:C000000895 srodrigu CL NeivP_090114