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the inclusion of land within the District in accordance with Texas Water Code Section 54.016, as
<br />amended.
<br />terms of this Agreement, including, but not limited to, costs of construction, acquisition, and
<br />installation; engineering fees and expenses; costs of advertising; costs of acquiring necessary licenses,
<br />permits, waste control orders, discharge permits or amendments thereto; fiscal, legal, and
<br />administrative costs; material-testing costs; site, easement, and permit costs; and all other costs and
<br />expenses directly relating to the foregoing, together with an amount for contingencies on estimated
<br />Construction Costs of fifteen percent (15%) of the foregoing, provided that no contingency amount
<br />shall be included in "Construction Costs" regarding a particular construction project once that project
<br />is complete.
<br />
<br /> means Beazer Homes Texas, L.P.
<br />Harris County Municipal Utility District No. 561, a body politic and corporate
<br />and a political subdivision of the State of Texas organized under the provisions of Article XVI,
<br />Section 59 of the Texas Constitution. Any references herein to District shall mean Developer; provided
<br />that upon assignment of this Agreement by Developer to the District pursuant to Section 11.11 below,
<br />any references herein to the District shall mean the District.
<br /> all rights, title, and interests of the District in and to the Facilities,
<br />(ii)any Bonds of the District which are authorized but have not been issued by the District, (iii) all
<br />rights and powers of the District under any agreements or commitments with any persons or entities
<br />pertaining to the financing, construction, or operation of all or any portion of the Facilities and/or the
<br />operations of the District, (iv) all cash and investments, and amounts owed to the District, and (v) all
<br />books, records, files, documents, permits, funds, and other materials or property of the District.
<br />any engineering firm as the District may engage from time to time.
<br /> all outstanding Bonds of the District, (ii) all other debts,
<br />liabilities, and obligations of the District to or for the benefit of any persons or entities relating to the
<br />financing, construction, or operation of all or any portion of the Facilities or the operations of the
<br />District, and (iii) all functions performed and services rendered by the District for and to the owners of
<br />property within the District and the customers of the services provided from the Facilities.
<br /> drainage and
<br />detention systems, recreational facilities outside of a City road right-of-way, and road facilities
<br />constructed or acquired or to be constructed or acquired by the District to serve lands within and near
<br />its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or
<br />betterments thereto, including any pro rata interest or share in such facilities, together with all contract
<br />rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto.
<br />3
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