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expressly prohibited on the Property. The Parties hereto agree and acknowledge that the proposed <br />Katerra Facility as a warehouse and distribution facility for the purpose of receiving, storing, <br />shipping, distributing, displaying and selling Katerra's products, materials and merchandise, for <br />processing customer returns, for general warehouse use, general office use and administrative and <br />other ancillary and related uses, is a Permitted Use and does not violate any of the Prohibited Uses. <br />ARTICLE VIII <br />COMPLIANCE WITH LAWS <br />In performing its obligations under this Agreement, the Owners and the Developer shall <br />comply with all applicable laws, regulations and ordinances. <br />ARTICLE IX <br />TERM AND CONTINGENCY <br />Section 9.01. Term. The Initial term of this Agreement will commence on the Effective <br />Date and continue for 15 years thereafter. If, however, no progress toward completion of the <br />Project, as defined under Section 245.005 of the Texas Local Government Code, is made within <br />five years of the Effective Date, this Agreement shall expire. This Agreement may be extended <br />for additional terms for up to 45 years upon mutual written agreement of the Parties. <br />Section 9.02. Continent Upon Zoning. This Agreement and any annexation are <br />specifically contingent on the City zoning the First Annexation Tract as Heavy Industrial (HI) <br />use. If the City fails to do so within 14 days of annexing the First Annexation Tract, this <br />Agreement and the annexation shall become null and void. <br />ARTICLE X <br />REPRESENTATIONS AND WARRANTIES OF OWNERS AND DEVELOPER <br />As of the Effective Date, the Developer and the Owners each represent and warrant to the <br />City with respect to the matters pertaining to each, as follows: <br />21 <br />065611.00495 309237 v15 <br />