33.Costs for upgrading and widening State Highway 24

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Finance SIB # Sulphur River Regional Mobility Authority (Delta, Hunt, and Lamar Counties) B. If the State is unable to advance the proceeds of the SIB Loan to the Authority within the period prescribed in Article 1, Paragraph J of this Agreement, the State shall terminate this Agreement and provide written notice thereof to the Authority; C. If the Authority is in default on a Principal Payment or Interest Payment required under this Agreement, the State may declare this Agreement to be terminated, or may exercise any of the rights granted the State in Article 6 of this Agreement; but the payment obligations of the Authority shall survive any such termination and shall continue in effect until discharged and satisfied; D. Upon repayment in full by the Authority of the SIB Loan, and compliance by the Authority with all other requirements of this Agreement, the State shall execute and deliver to the Authority a certificate of payment, provided that, upon the execution and delivery of the certificate of payment by the State, this Agreement shall automatically terminate, except with respect to any obligation of a party related to any losses, costs, expenses, penalties, claims, and liabilities due to the activities of a party, or any agent, employee, official, or contractor of a party, which obligations shall survive such termination. Article 9. Notices All notices to either party by the other party required under this Agreement will be delivered personally or sent by U.S. Mail, postage prepaid, addressed to such party at the following respective addresses: State: Local Government: Texas Department of Transportation Sulphur River Regional Mobility Attn: Chief Financial Officer Authority (SuRRMA) SIB Administration 1125 Bonham Street 125 East 11 th Street Paris, Texas 75460 Austin, TX 78701-2483 Chairman, Board of Directors All notices shall be deemed so delivered or deposited in the mail, unless otherwise provided herein. A party may change the above address by sending written notice of the change to the other party in the manner stated in this article. Article 10. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 11. Written Amendments Any changes in the character, agreement, terms, or responsibilities of the parties must be enacted through a written amendment. No amendment to this Agreement shall be of any effect unless in writing and executed by both parties. Notwithstanding the foregoing, revisions to Exhibit D that occur as contemplated in this Agreement must be in writing, but are not required to be executed by either party. Article 12. Successors and Assigns 95447991.8 Page 24 Y