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• <br />If to the City, to: <br />City of La Porte <br />Attn: City Manager <br />604 W. Fairmont Parkway <br />La Porte, Texas 77571 <br />• <br />If to Owner/Developer, to: <br />La Porte 81, Ltd. <br />La Porte 82, Ltd. <br />La Porte 115, Ltd. <br />c/o Stuart Haynsworth, <br />815 Walker,Suite 1435 <br />Houston, Texas 77002 <br />General Partner <br />The parties shall have the right from time to time and at any time to change their <br />respective addresses and each shall have the right to specify any other address by at <br />least fifteen (15) days written notice to the other. <br />12.6 Merger and Modifications. This Contract, including the exhibits that are <br />attached hereto and incorporated herein for all purposes, embodies the entire <br />agreement between the parties relative to the subject matter thereof. This Contract <br />shall be subject to change or modification only with the mutual written consent of the <br />parties. <br />12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- <br />Developer and shall not be construed to confer any benefit on any other person except <br />as expressly provided for herein. <br />12.8 Attorney's Fees. In the event of any litigation between the parties with respect <br />to this Agreement, the prevailing party shall be entitled to recover its reasonable <br />attorney's fees and court costs from the losing party. <br />12.9 Government Immunity Preserved. The Owner-Developer and the City agree <br />that the City does not, by entering in to this Contract or performing any act hereunder or <br />by failing to take any action hereunder, waive any governmental immunity that the City, <br />its officers, employees, or representatives, have under any law. <br />12.10 One-Party Breach. Any breach of this agreement by one party identified and <br />referred to herein as Owner-Developer shall not be or constitute a breach of this <br />agreement by the other party of Owner-Developer. <br />12.11 Covenant Running With .the Land. The obligations imposed on Owner- <br />Developers herein shall not impose personal liability on them, but shall constitute a <br />covenant running with the land, and as such shall be binding on the present owners of <br />the Tract as well as subsequent owners thereof. <br />OWNER-DEVELOPER <br />La Porte 81, Ltd. <br />La Porte 82, Ltd. <br />La Porte 115, Ltd. <br />Development Agreement(Draft) Page 8 of 9 <br />