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<br />I <br /> <br />I <br /> <br />I <br /> <br />5. The agreements by Genlyte herein shall run solely in favor of the City and shall be <br />enforceable only by the City. <br /> <br />6. The City may give written notice to Genlyte of any noncompliance by Genlyte with any <br />provision of this agreement with respect to the maintenance of the Drainage Facilities. Within seven <br />days of receipt of such a notice, Genlyte shall commence work to remedy the noncompliance, and <br />Genlyte shall thereafter diligently and continuously pursue the work to completion. If Genlyte fails <br />to timely commence work to remedy a noncompliance within the seven day period, or fails thereafter <br />to diligently and continuously pursue the work to completion, the City may (but is not required to) <br />itself perform, or cause to be performed, corrective action with respect to the Drainage Facilities. The <br />City may bill Genlyte or its successor or assign for the cost of the corrective action, and if the bill <br />in not paid within 30 days, may assess the unpaid amount of the cost as a lien against the land <br />comprising the Genlyte Property. This remedy is not exclusive. <br /> <br />7. This agreement shall be considered a covenant running with the title to the Genlyte <br />Property, and shall be binding on Genlyte's and the City's successors and assigns in title to the <br />Genlyte Property. The obligations of Genlyte under this agreement will be binding on Genlyte only <br />during Genlyte's period of ownership of the Genlyte Property and Genlyte shall have no liability for <br />obligations which accrue subsequent to the date on which Genlyte transfers ownership of the Genlyte <br />Property to another party. The new owner of the Genlyte Property will, however, succeed to and be <br />bound by all obligations of Genlyte under this agreement during the period of its ownership of the <br />Genlyte Property. <br /> <br />8. This agreement may be amended, modified or terminated only through the written consent <br />of the City and Genlyte or their successor(s) or assign(s). <br /> <br />9. The City, in executing and performing this agreement, does not waive any immunity to <br />suit or liability that it has under applicable laws. This agreement is governed by Texas law, and <br />exclusive venue for any legal dispute under this agreement is in the state court in Hays County, <br />Texas having jurisdiction over the dispute. <br /> <br />CITY OF SAN MARCOS, TEXAS <br /> <br />By ~_D~ <br /> <br />Dan O'Leary, City anager <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />This instrument was acknowledged before me on l).e~bPr 10 ,2004 by Dan <br />O'Leary, known personally by me to be the City anager of the City of San Marcos, on behalf of <br />the City of San Marcos. <br /> <br />Notary seal: <br /> <br /> <br />....,'nll'.'l <br />$~~~ <br />(<.~)i <br />"'-::~....~~.$ <br />""""e:.""",..... <br /> <br />"'-'0 l <br />KAREN SMITH JI.. I' f <br />NotBIyputic,SIIlIeofli ".N':ftary Pub lC, State 0 Texas <br />mk_) ?~ <br />My CommIssion Expire, .~ <br />FEBRUARY 6, 200:, ,"J <br /> <br />2 <br />