04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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. . construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, 'reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in ,this Contract, from and after the expiration of three (3) days after its is deposited. Notice given in any such other than the manner shall be effective when received by the party,to be' notified. .. For the purpose of notice, addresses ofthe' parties shall, until changed as hereinafter provided, be as follows: ' If to the City, to: If to Owner/Developer, to: City of La Porte Attn: City Manager P.O. Box 1115 La Porte, Texas 77572-1115 La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. c/o Stuart Haynsworth, General Partner 815 Walker,Suite 1436 Houston, Texas 77002 . The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract,. including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shan be subjeCt to change or modification only with the mutual written consent of the parties. . 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- Developer and shall not be construed to confer any, benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. ' TIEP 2002 Development Agreement-Final.doc Page 80f9