2010-016 RES APPROVING EXECUTION OF RECIPROCAL EASEMENT AGREEMENT BETWEEN COP AND WILLIAM DEG HAYDEN TO GRANT NONEXCLUSIVE INGRESS AND EGRESS

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Notwithstanding the foregoing, in the event of (1) an emergency, (ii) blockage or material impairment of the easement rights, and/or (iii) the unauthorized parking of vehicles on Parcel One or Parcel Two, Owner or the Museum may immediately cure the same. 12. This easement shall be governed by the laws of the State of Texas. This Agreement shall not be modified except in writing signed by all parties. 13. General. Each Parcel shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, and regulations, and no use or operation shall be made, conducted or permitted on or with respect to all or any portion of a Parcel which is illegal. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. 14. Insurance. Throughout the term of this Agreement, each Owner shall procure and maintain general and/or comprehensive public liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity contained in paragraph 6 above), death, or property damage occurring upon such Owner's Parcel, with single limit coverage of no less than $250,000/single and $500,000/aggregate and City may self insure its parcel, including umbrella coverage, if any, and naming each other Owner and the Museum during the continuance of the Museum's Lease (provided the Owner obtaining such insurance has been supplied with the name of such other Owner in the event of a change thereof) as additional insureds. The City of Paris and the Museum (whether as tenant under the Lease or in the event Museum becomes an Owner of a Parcel) may elect to self-insure and/or carry insurance required hereunder under master or blanket policies of insurance. 15. Taxes and Assessments. Each Owner shall pay (or cause to be paid) all taxes assessments, or assessments, or charges of any type levied or made by any governmental body or agency with respect to its Parcel, if applicable. 16. No Rights in Public: No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of either of the Parcels. No easements, except those expressly set forth herein, and in that regard, and without limiting the foregoing, no easements for drainage or utilities are granted or implied. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefitted thereby; shall bind every person having any fee, leasehold or other interest therein; and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives.