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11. 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 arising from the negligence or intentional conduct of <br />ENTERPRISE, its officers, employees, contractors or agents. <br />12. The recitals described herein are hereby incorporated into the terms and conditions of this Agreement. <br />13. Within 120 days following the completion of the WORK, ENTERPRISE shall make an accounting of <br />final costs of the WORK and provide CITY a detailed statement of the same. If the final costs are less <br />than SEVEN HUNDRED EIGHTY FIVE THOUSAND DOLLARS (S785,000), the difference of <br />SEVEN HUNDRED EIGHTY FIVE THOUSAND DOLLARS (S785,000) and the final costs will be <br />immediately refunded to CITY. <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 />7 4 <br />Date. Z _3 <br />CITY OFD S?►N MARC S, TEXAS <br />By: <br />Manager <br />Date: 10 <br />a 9.3321 city of can marcas -exec reimb agrmt rev IcAcic Page 3 of 3 10/14/14 <br />