Laserfiche WebLink
PROPERTY OWNER to effect the relocation of the PROPERTY OWNER'S <br />affected installations at the PROPERTY OWNER'S sole expense. The <br />PROPERTY OWNER shall be entitled to retain all monies paid by the <br />condemning authority for its installations taken, if any. <br />10. Interpretation <br />In the event of any dispute over its meaning or application, this Agreement shall <br />be interpreted fairly and reasonably and neither more strongly for or against either <br />party. <br />11. Application of Law <br />This Agreement shall be governed by the laws of the State of Texas. If the final <br />judgment of a court of competent jurisdiction invalidates any part of this <br />Agreement, then the remaining parts shall be enforced, to the extent possible, <br />consistent with the intent of the Parties as evidenced by this Agreement. <br />12. Venue <br />TO THE EXTENT ALLOWED BY TEXAS LAW, IT IS AGREED THAT <br />VENUE FOR ALL LAWSUITS CONCERNING THIS AGREEMENT WILL <br />BE IN HAYS COUNTY, TEXAS OR, IF IN FEDERAL COURT, THE UNITED <br />STATES DISTRICT COURT FOR THE SOURTHERN DISTRICT OF TEXAS, <br />AUSTIN DIVISION. THIS AGREEMENT CONCERNS REAL PROPERTY <br />LOCATED IN HAYS COUNTY, TEXAS, AND IS WHOLLY PERFORMABLE <br />IN HAYS COUNTY. <br />13. Covenant Running with Land <br />This License Agreement and all of the covenants herein shall run with the land; <br />therefore, the conditions set forth herein shall inure to and bind each party's <br />successors and assigns. <br />14. Assignment <br />The PROPERTY OWNER shall not assign, sublet or transfer its interest in this <br />Agreement without the written consent of the CITY; provided, however, <br />notwithstanding the foregoing, PROPERTY OWNER may assign this Agreement <br />to the Homeowner's Association for the Subdivision (the "HOA") with the prior <br />written consent of the CITY; and, provided, further, that this Agreement shall be <br />deemed to be automatically assigned by the PROPERTY OWNER to the HOA at <br />such time as the PROPERTY OWNER transfers to the HOA title to all or <br />substantially all of the common areas contained within the Subdivision. Upon <br />any such assignment or transfer, it shall then be the duty of the PROPERTY <br />OWNER, its successors and assigns, to give prompt written notice to the CITY of <br />.04 <br />