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The Property shall not be used for any nonprofit or tax-exempt purposes, whether- <br />charitable, <br />hethercharitable, educational, agricultural, governmental or other similar purposes if such <br />use would render the Property or any portion of the Property, or any personal <br />property located thereon, wholly or partially exempt from the assessment and <br />payment of ad valorem taxes on real or personal property. If, however, all <br />exemption from ad valorem taxes is recognized by the Hays County Appraisal <br />District, Grantee shall pay to Grantor an amount equal to the ad valorern taxes that <br />would, otherwise, have been collected by Grantor during the period in which the <br />exemption is recognized. If Grantee fails to pay such amounts within 30 days after <br />receiving written demand for payment from Grantor, Grantor may file a Suit for <br />damages against Grantee for collection of such amounts, together with reasonable <br />attorney's fees, Court costs and costs of litigation. In addition to the foregoing, <br />Grantor may pursue any other remedies available at law or in equity for <br />enforcement of restrictive covenants, '['his covenant is a restriction running with <br />the land and is binding on and enforceable against Grantee, its successors and <br />assigns. <br />4. Seller will provide a utility service letter indicating the availability of <br />utilities to the Property. <br />5, Subject to Approi,al. This contract is Subject to the approval of the Safi <br />Marcos City Council. If no such approval is obtained, the Title Company shall refund the <br />Earliest Money to Buyer and this contract shall be of no further force and effect. <br />[SIGNATURES ON NEXT PAGE] <br />