20 & 21-APPROVE ABATEMENT REQUEST AS PRESENTED

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C. If to the Department, to: Texas Department of Transportation 125 East l lth Street Austin, Texas 78701-2483 Attention: Chief Financial Officer, State Infrastructure Bank The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least ten (10) days' written notice to the other parties hereto. SECTION 9: Covenants. The Participants and the Authority covenant that they will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Agreement. The Participants and the Authority covenant that they are duly authorized under the laws of the State of Texas to execute and deliver this Agreement, that all actions on their part as provided herein and the execution and delivery of this Agreement have been duly and effectively taken according to the import thereof as provided in this Agreement. SECTION 10: Venue. Any damages for the breach of this Agreement shall be paid and be due in Travis County, Texas, which is the county in which the principal administrative offices of the Department are located, recognizing the importance of the Department's third party benefciary status of this Agreement. It is specifically agreed among the parties to this Agreement that Travis County, Texas, is the place of performance of this Agreement; and in the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Travis County, Texas. SECTION 11: Le ag 1 Fees. In the event it is necessary for any party to commence legal action of any kind to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to collect all court costs and reasonable attorney's fees and expenses incurred in connection therewith. SECTION 12: Force Majeure. In the event that the performance of any of the parties of any obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of such party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. SECTION 13: Holidav. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, is not a business day, such payment may be made or act performed or right exercised on the next succeeding business day with the same force and effect as if done on the date provided therefor herein. SECTION 14: Counterparts. This Agreement may be executed in any number of counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute one and the same instrument. 95422970.15 - 9 -