11 - TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK CORP

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12.3 This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar Agreement for tax abatement. XIII. Legal 13.1 No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 13.2 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be at the sole discretion of the City. 13.3 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: Owner KIMBERLY-CLARK CORPORATION Attn: James Alspaugh, Plant Manager 2466 F.M. 137 Paris, Texas 75460 With a Copy To: Mr. Kirk Glasby DuCharme, McMillen & Associates, Inc 12710 Research Blvd., Suite 305 Austin, Texas 78759 City City Manager City of Paris P.O. Box 9037 Paris, Texas 75461-9037 City Clerk City of Paris, Texas P.O. Box 9037 Paris, Texas 75461-9037 Office of the City Attorney City of Paris, Texas P.O. Box 9037 Paris, Texas 75461-9037 13.4 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of said Agreement are declared to be severable.