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

Browse Search

parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in as applicable. Any reference herein to the Port, Frontier or City of La Porte shall be construed '. to include the successors, successors-in-title, representatives and assigns (either voluntarily by act of the parties or involuntarily by operation of law) of the same, and shall include the plural if there should be more than one or as the context may require. 9. Miscellaneous. (a) This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. (b) This Agreement and the exhibits made a part hereof constitute the entire agreement and understanding of the parties with respect to the subject matter hereto, and may only be amended or terminated by written instrument executed by Frontier, City of La Porte, and the Port of Houston. (c) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas,without regard to conflicts of laws principals. (d) All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly; the parties agree that this Agreement shall not be more strictly construed against any one of the parties hereto. (e) The inapplicability or unenforceability of any provision of this Agreement or any instrument executed and delivered pursuant hereto shall not limit or impair the applicability, enforceability, operation or validity of any other provision of this Agreement, or any such other instrument. (f) The undersigned persons executing this instrument represent and certify on behalf of the party for which he/she is signing, that he/she has full power and authority to execute and deliver this instrument; that (as to Frontier) Frontier has full authority under the leasehold agreement to adopt and execute this Agreement; that the Port (as to the Port) as owner and Lessor of the leasehold property to Frontier has authority to execute this Agreement; that the City of La Porte (as to the City) as utility easement owner has full authority to enter into this Agreement; and each party represents to the other parties that all necessary action for the making of this easement encroachment Agreement has been duly taken. (g) Time is of the essence in the performance of all obligations under this Agreement. (h) This Agreement shall not be deemed or construed to make the parties hereto partners or joint ventures in any undertaking. (i) The headings herein contained are for purposes of identification only and shall not be considered as a part of, or in construing,this Agreement. Signature pages follow. 4