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belonging, (collectively, the "Easement"), to have and to hold the Easement to Grantee, Grantee's heirs,
successors, or assigns forever. Grantor binds Grantor and Grantor's successors, and assigns to warrant
and forever defend the title to the Easement to Grantee and Grantee's successors, and assigns against
every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to
the reservations from and exceptions to conveyance and warranty.
Terms and Conditions: The following terms and conditions apply to the Easement granted
by this agreement:
1. Character of Easement. The Easement is irrevocable. The Easement is for the
benefit of Grantee and Grantee's successors, and assigns, and for road and bridge
use by the general public.
2. Duration of Easement. The duration of the Easement is perpetual.
Provided, however if Grantee officially closes the road, the Easement property shall
revert to the then owners of the land under the Easement property.
3. Equitable Rights of Enforcement. This Easement may be enforced by any right or
remedy available at law or in equity under the laws of the State of Texas.
4. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns; and to the General Public.
5. 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.
6. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly set
forth in this agreement.
7. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties, the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice versa.
Article and section headings in this agreement are for reference only and are not
intended to restrict or define the text of any section. This agreement will not be
construed more or less favorably between the parties by reason of authorship or origin
of language.
8. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement will be deemed to be delivered (whether
actually received or not) when deposited with the United States Postal Service, postage
prepaid, certified mail, return receipt requested, and addressed to the intended recipient
at the address shown in this agreement. Notice may also be given by regular mail,
personal delivery, courier delivery, facsimile transmission, or other commercially
reasonable means and will be effective when actually received. Any address for notice
may be hanged by written notice delivered as provided herein.
9. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
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