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16.Assignment. Dow,its successors and assigns may assign, sublease, subpermit or otherwise <br /> transfer this Easement in whole or in part. <br /> 17.Waiver. If either party fails to require the other to perform any terms of this Agreement,that <br /> failure does not prevent the party from later enforcing that term. If either party waives the <br /> other's breach of a term,that waiver is not treated as waving a later breach of the term. <br /> 18.Successor and Representatives. This Agreement bind and inures to the benefit of the <br /> parties and their respective heirs,personal representatives,successors and(where permitted) <br /> assignees. <br /> 19.Applicable Law. Texas law applies to this Agreement without regard for any choice-of-law <br /> rules that might direct the application of the laws of any other jurisdiction. Venue for any <br /> action hereon shall be in Harris County, Texas. The prevailing party shall be entitled to its <br /> reasonable attorney's fees and courts costs. <br /> 20.Severability. If any part of this Agreement is,for any reason held to be unenforceable,the <br /> rest of it remains fully enforceable. The parties will replace any unenforceable provision <br /> with a new provision which will allow the parties to achieve the intended result in a legally <br /> valid and effective manner. <br /> 21.Headings. Headings are for convenience only and do not affect the Agreement's <br /> interpretation. <br /> 22.Entire Agreement. This Agreement contains the sole agreement between the parties with <br /> respect to its subject matter. It supersedes any prior written or oral agreements or <br /> communications between the parties. It may not be modified except in a writing signed by <br /> the parties. <br /> 23.Interpretation. This Agreement is the result of open and extended negotiations between the <br /> parties, each party having contributed toward the drafting, directly or by counsel. To the <br /> greatest extent allowed by law, there will be no application of the rule of construction of <br /> documents against the drafter <br /> Any signed copy of this Agreement will be considered the original. <br /> City of La Porte <br /> By: <br /> Name: Corby D.Alexander <br /> Title: City Manager <br /> i <br /> Date: <br /> Attest: Ji e <br /> Patrice Fogarty, r Secre y <br /> RETURN RECORDED ORIGINAL TO: <br /> Wood Group Mustang <br /> 17325 Park Row <br /> Houston,TX 77084 <br /> ATTN: Paul Grandle <br />