Common use of Modification of Water Surface Elevation; Release Clause in Contracts

Modification of Water Surface Elevation; Release. Brazos River Authority has the right to modify Xxxxxx Xxxxxxxx (Possum Kingdom) Dam so that the water surface elevation of the Lake will be raised from one thousand feet (1,000’) above mean sea level to one thousand fifteen feet (1,015’) above mean sea level. LESSEE HEREBY RELEASES AND AGREES TO HOLD LESSOR AND THE BRAZOS RIVER AUTHORITY HARMLESS FROM DAMAGES OR CLAIMS FOR PERSONAL INJURY OR DAMAGES TO IMPROVEMENTS OR PERSONAL PROPERTY AS A RESULT OF ANY SUCH INCREASE IN THE WATER SURFACE ELEVATION OR FROM FLOODING REGARDLESS OF ELEVATION BECAUSE OF WATER STORED IN OR FLOWING THROUGH THE LAKE.

Modification of Water Surface Elevation; Release. Brazos River Authority has the right to modify Xxxxxx Xxxxxxxx (Possum Kingdom) Dam so that the water surface elevation of the Lake will be raised from one thousand feet (1,000’) above mean sea level to one thousand fifteen feet (1,015’) above mean sea level. LESSEE XXXXXX HEREBY RELEASES AND AGREES TO HOLD LESSOR AND THE BRAZOS RIVER AUTHORITY HARMLESS FROM DAMAGES OR CLAIMS FOR PERSONAL INJURY OR DAMAGES TO IMPROVEMENTS OR PERSONAL PROPERTY AS A RESULT OF ANY SUCH INCREASE IN THE WATER SURFACE ELEVATION OR FROM FLOODING REGARDLESS OF ELEVATION BECAUSE OF WATER STORED IN OR FLOWING THROUGH THE LAKE.