01-11-18 Between Frontier Logistics, City of La Porte, and the Port of Houston Authority

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4. Equitable Rights of Enforcement. The rights granted herein to the parties of this Agreement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to, or those benefited by, this Agreement; provided, however, that the act of T obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. Notwithstanding anything to the contrary set forth herein, in no event shall either party be liable for punitive damages. 5. Recording. Frontier, at Frontier's expense, shall record this Agreement in the Real Property Records of Harris County,Texas. Nothing contained herein,however, shall be deemed a gift or dedication of any portion of neither of the City of La Porte Easement to the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes expressed herein. 6. Notices. All notices, demands and requests must be given by either party to the other party under this Agreement must be in writing and must be sent by United States certified or registered mail, postage fully prepaid, return receipt requested, by Federal Express or a similar nationally recognized overnight courier service, or by facsimile or by electronic mail (electronic mail with a confirmation copy delivered by a nationally recognized overnight courier service). Notice will be considered effective on actual receipt (or, if delivery of any properly addressed notice is refused, upon the date of such refusal). The addresses for proper notice under this. Agreement are as follows: To Frontier : To City of La Porte : ✓ 1806 S. 16th Street La Porte,Texas (00 it tA) t�twJrkt " 714w4( La Porte,Texas 77571 Attn: Crzy St&g.€`rate•,( Attn: George T. Cook Office 7,e I , 411 SO z-0 - Phone: 281.307.2070 Email: C117 ceke-r i e Flo/ Facsimile: 281.307.2370 Email: gcook@ftlg.net To Port of Houston: Address: Attention: Title: 7. Non-Merger. The easement rights arising under this Agreement shall not be subject to the doctrine of merger of estates. 8. Covenants Running With the Land. All provisions of this Agreement, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of all 3