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. ." l54 . - ASSIGN.DOC 890707 Audit No. 1502~9 Form Approved, A VP-Law Folder No. 13 52- I 5 ASSIGNMENT RIDER .-. ELL.\I WATER COMPÂ.l'IYINCORPOR;\TED, a Texas corporation, to be addressed at P. O. Box 1229, San Marcos, Texas 78667 (hereinafter "Assignor"), and LINION PACIFIC R..\lLROAD COi"IPAi""y, a Utah - corporation. (hereinafter "Railroad"), or their predecessors in interest, have heretofore entered into an agreement dated December 27, 1989, bearing Railroad's Audit Number 150249 (hereinafter "Basic Agreement") covering a 12" water pipeline crossing located at Mile POSt 214.98, San Marcos, Texas. Effective ~.s" of APRIL 28, 1997, the Assignor does hereby sell, assign, transfer and set over, unto THE CITY OF Sill'/" ì.\-L\RCOS, TEXAS, a municipality to be addressed at 630 East Hopkins, San Marcos, Texas 78666 (hereinafter "Assignee") all of Assignor's right, title and interest in and to the Basic Agreement including any supplement or amendment thereto (ifany). The Assignee hereby accepts the above assignment and agrees to be bound by and to períòrm and observe fully and faithfully all of the covenants, stipulations and conditions contained in the Basic Agreement and any supplement or amendment thereto (if any) to be performed and observed by the Assignor and assumes all liabilities and obligations mentioned in the Basic Agreement and any supplement or amendment thereto (if any) to be assumed by the Assignor. The Railroad, in consideration of the covenants and agreements of the Assignor and the Assignee herein contained, gives its consent to the aforesaid assignment; PROVIDED, however, that such consent shall not be deemed or construed to authorize any further assignment of the Basic Agreement, whether voluntary, by operation of law, or otherwise, without the prior consent in writing of the Railroad; and PROVIDED, FURTHER, that, as between the Assignor and the Railroad, neither said assignment nor anything herein contained shall be construed as releasing the ~- Assignor, in the event of default by the Assignee, from the obligation to perform all of the covenants contained in the I Basic Agreement or any supplement or amendment thereto (if any) to be performed by the Assignor, or from any of the ¡ liabilities assumed by the Assignor under said agreement (s). The Assignee, when returning this agreement signed by the Assignor and ~e, shall pay to RailrO~ administrative handling charge ofFTVE HUNDRED DOLLARS ($500.00). F ~ ~ 135215.a5t Articles of Agreement March 27, 1997 Page I of2