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21. The terms of this Agreement shall constitute covenants running with the land and be binding on and <br />inure to the benefit of the parties hereto and their successors and assigns. <br />22. In the event that the existence, construction, operation, maintenance, relocation, or removal of the <br />PROJECT described herein installed by CITY causes ENTERPRISE to incur any additional cost for <br />the installation, operation, maintenance, protection, repair and inspection of the Pipelines, or the <br />cleanup or handling of any spills of petroleum products, CITY, to the extent of its proportionate <br />liability, and to the extent permitted by law, and without waiving any limitations on liability and <br />immunity granted by law, agrees to reimburse ENTERPRISE for any and all such costs that would not <br />have been incurred but for the existence of said PROJECT. CITY, however, shall not be responsible <br />for any loss, costs, liability or damages arsising from the negligence or intentional conduct of <br />ENTERPRISE, its officers, employees, contractors or agents. <br />IN WITNESS WHEREOF, we have hereunto set our hands on the day and year below. <br />ENTERPRISE TEXAS PIPELINE LLC <br />By: , <br />Carl D. Richardson <br />�Agent and Attorney -in -Fact <br />Date: /o <br />CITY OF SAN MARCOS, TEXAS <br />By: <br />Xame R. Nuse P.E..-X-itv Manai4er <br />Date: 2.d \3 <br />enterprise reimbursement agreement 10 -17 -13 city edit.doc Page 4 of 4 10/24/2013 1:09:00 PM <br />