09 - Wood Lift Station Easement - Laserfiche WebLink

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2. Assignment. Grantee may assign, sublease, license, transfer, or convey its interest in this agreement or any part of its interest in the Easement subject to Grantor's written consent, provided that the assignee or transferee shall be subject to all of the obligations, covenants, and conditions applicable to Grantee; notwithstanding the foregoing, the only use to which the Easement Property may ever be put is that those set forth in the paragraph entitled "Easement Purpose" hereinabove. 3. Duration of Easement. The duration of the Easement is perpetual. 4. Improvement and Maintenance of Easement Property. Construction and maintenance on the Easement Property for the Easement Purposes will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property that interfere with the Easement Purpose subject to the trior written ai)roval of the Grantee. Holder must maintain the Easement Property in a neat and clean condition. Holder has the right to construct, install, maintain, replace, and remove any public trail subsequently built on, under, or across any portion of the Easement Property. All matters concerning the public trail and its configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the public trail, subject to replacement of the fences to their original condition on the completion of the work. 5. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 6. Binding Effect. This agreement binds, benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. 7. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 8. Counterparts. This agreement may be executed in multiple counterparts. All counterparts taken together constitute this agreement. 9. Waiver of Default. A default is not waived if the non -defaulting party fails to declare default immediately or delays in taking any action with respect to the default. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law.