07-23-14 Meeting of the La Porte Redevelopment Authority minutes

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OVMR Senior Associates, Inc. 4105 Crawford Road Spicewood, Texas 78669 Attn: Ken Schick FAX: Each party may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given When receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the Zone, the Authority or the Owner, as the: case may be. 5.3 Amendments and Waivers. provision Any of this , I Agreement maybe amended or waived if such amendment or waiver is in writing and is signed by the Zone, the Authority and the Owner.No course: of dealing on the part of the Owner, nor any failure or delay by the Owner with respect to exercising any right, power or privilege of the Owner under this Agreement shall operate as a waiver thereof, except as otherwise provided in this Section. 5.4 Successors and Assigns. All covenants and agreements contained by or on behalf of the Authority and the Zone in this Agreement shall bind their successors and assigns and shall inure to the benefit of the Owner and its successors and assigns. The Authority and the Zone may assign its rights and obligations under this Agreement or any interest herein, with the prior written consent of the Owner. 5.5 Exhibits; Titles of ArticlesSections and Subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a Section or Subsection shall be considered a reference to such Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 5.6 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas. 5.7 Venue. All parties hereby irrevocably agree that any legal proceeding arising out of or in connection with this Agreement shall only be brought in the District Courts of Harris, County, Texas or in the United States District Court for the Southern District of Texas, in Houston, Texas. H0U:-34§44(A--2jjjLAL_4