Res 2001-081 - Laserfiche WebLink

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all other litigation expenses, including deposition costs, travel and expert Vvitness fees. 6. This Drainage Easement shall not be released or abandoned by San Marcos without Tanger's and Lowman's consent. 7. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their heirs, successors and assigns. This Agreement is not intended, and it shall not be construed, to create any rights in persons who are not parties to this Agreement. 8. This Easement constitutes the entire agreement and understanding between the parties and cannot be altered, amended or revoked except by an instrument in writing signed by San Marcos and Lowman. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding any conflicts of law rule which refers constructions or interpretations of this Agreement to the laws of another state. 10. Lowman and Tanger acknowledge and agree that San Marcos, in adopting ordinances and regulations governing requirements for and issuance of Permits to Permittees, in implementing and enforcing the terms of Permits, and in performing maintenance of the Easement Facilities and the Easement Area, acts in its capacity as a home-rule Texas municipality and a governmental entity, exercising discretionary authority. By its execution of this Agreement, San Marcos commits to use its best efforts and a reasonable standard of care in exercising its review, issuance, lmplementation and enforcement functions regarding the Permits, and in maintaining the Easement Facilities and the Easement Area However, San Marcos does not warrant its performance of these functions or maintenance in any respect, nor does San Marcos in any way waive or dimini~ its sovereign immunity, or the official immunity of its officers and employees. TO HA VE AND TO HOLD the Drainage Easement herein granted unto San Marcos, its successors and assigns, upon the terms and conditions herein stated, forever; and Lowman does hereby bind itself, its successors and assigns, to warrant and forever defend the Drainage Easement unto San Marcos, its successors and assigns, against the claims of all persons whomsoever lawfully claiming or to claim the same, subject, however, to the Permitted Exceptions and the terms and conditions set forth in this Agreement. This Agreement may be executed in multiple counterparts and is executed effective as of the date first above written. H:\TI.tleer'JAWlIW\ ~ 4-IO-01.wpd 6