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<br /> -6- <br /> D. Rents, water, wastewater and utility charges, and any other items of income <br /> or operational expenses owing in connection with the Property for the current <br /> year shall be prorated at the closing effective as of the Closing Date. If this <br /> sale or the Buyer's use of the Property after closing results in the <br /> assessment of additional property taxes for prior years, the additional taxes <br /> will be the obligation of the Buyer, which will survive the closing. The <br /> Property has had an agricultural exemption and may be subject to rollback <br /> taxes. <br /> E. If the Property is situated within a utility district subject to Section 49.452 of <br /> the Texas Water Code, then at or prior to the closing, the Seller agrees to <br /> give the Buyer the written notice required by that Section and the Buyer <br /> agrees to sign and acknowledge the notice. <br /> 8. CASUAL TV LOSS. If any part of the Property is damaged or destroyed by fire or <br /> ".'- ""--~-- .0 --...I 1..-..... <br /> 10. <br /> 11. A TTORNEY'S FEES. Any party to this Contract who is the prevailing party in any <br /> legal proceeding to enforce the terms of this Contract will be entitled to recover <br /> court costs and reasonable attorney fees from the non-prevailing party. <br /> 12. NOTICES. Except as otherwise expressly provided in this Contract, any notice or <br /> communication under this Contract will be deemed to be delivered, whether actually <br /> received or not, when deposited in the United States mail, postage fully prepaid, <br /> registered or certified mail, and addressed to the intended recipient at the address <br /> set forth below, with facsimile copy sent on the same date. Any address for notice <br />