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the AGREEMENT on behalf of the CITY. <br />12.2 This AGREEMENT was entered into by OWNER pursuant to the authority <br />granted to the authorized official whose signature appears below. <br />12.3. This AGREEMENT shall constitute a valid and binding AGREEMENT <br />between the CITY and OWNER when executed in accordance herewith, regardless of whether <br />any other taxing unit executes a similar agreement for tax abatement. <br />XIII. <br />Legal <br />13.1 No officer, official or agent of the CITY has the power to amend, modify or alter <br />this AGREEMENT or waive any of its conditions or to bind the CITY by making any promise <br />or representation not contained herein. <br />13.2 This AGREEMENT may be assigned or transferred by OWNER to an affiliate <br />of OWNER, the purchaser of substantially all of the assets of OWNER, or by operation of law, <br />including merger, but shall not be otherwise assigned or transferred by OWNER without the <br />prior written consent of CITY. <br />13.3 Any written notice required or permitted under the terms of this AGREEMENT <br />shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) <br />deposited certified mail, return receipt requested, postage prepaid in the United States mail, <br />addressed to the designated representative of the respective parties which are designated as <br />follows: <br />C$Ayil IN 01 ai <br />POTTERS INDUSTRIES, LLC <br />c/o Allan Kressig, Plant Manager <br />1601 19t' Street, NW <br />Paris, TX 75460 <br />CITY: <br />CITY OF PARIS, TEXAS <br />Attn: City Manager <br />P. O. Box 9037 <br />Paris, TX 75461 -9037 <br />With a copy to: <br />City Clerk, City of Paris, Texas (address same as above) <br />13.4 If any term or provision of this AGREEMENT shall be declared unconstitutional or <br />void by any court of competent jurisdiction, the constitutionality and validity of the remainder <br />of said AGREEMENT shall not be affected thereby, and to this end the terms and provisions <br />7 <br />