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Res 2014-112/Approving a contract with Jackson Chapel United Methodist Church for the City to purchase approximately 3.001 acres of land at 1400 Wonder World Drive near the intersection of State Highway 123 at a price of $522,894.00 for the location of a
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Res 2014-112/Approving a contract with Jackson Chapel United Methodist Church for the City to purchase approximately 3.001 acres of land at 1400 Wonder World Drive near the intersection of State Highway 123 at a price of $522,894.00 for the location of a
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-112
Date
8/19/2014
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M. Miscellaneous Provisions <br />1. Notices. Any notice required by or permitted under this contract must be in <br />writing. Any notice required by this contract will be deemed to be delivered (whether actually <br />received or not) when deposited with the United States Postal Service, postage prepaid, certified <br />mail, return receipt requested, and addressed to the intended recipient at the address shown in <br />this contract. Notice may also be given by regular mail, personal delivery, courier delivery, <br />facsimile transmission, electronic mail, or other commercially reasonable means and will be <br />effective when actually received. Any address for notice may be changed by written notice <br />delivered as provided herein. Copies of each notice must be given by one of these methods to the <br />attorney of the party to whom notice is given. <br />2. Entire Contract. This contract, together with its exhibits, and any Closing <br />Documents delivered at closing constitute the entire agreement of the parties concerning the sale <br />of the Property by Seller to Buyer. There are no oral representations, warranties, agreements, or <br />promises pertaining to the sale of the Property by Seller to Buyer not incorporated in writing in <br />this contract. <br />3. Amendment. This contract may be amended only by an instrument in writing <br />signed by the parties. <br />4. Assignment. Buyer may assign this contract <br />5. Survival. The obligations of this contract that cannot be performed before <br />termination of this contract or before closing will survive termination of this contract or closing, <br />and the legal doctrine of merger will not apply to these matters. If there is any conflict between <br />the Closing Documents and this contract, the Closing Documents will control. <br />6. Choice of Lmv; Venue; Alternative Dispute Resolution. This contract will be <br />construed under the laws of the state of Texas, without regard to choice -of -law rules of any <br />jurisdiction. Venue is in the Hays County, Texas. Time permitting, the parties will submit in <br />good faith to an alternative dispute resolution process before filing a suit concerning this <br />contract. <br />7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to <br />declare immediately a default or delays taking any action with respect to the default. <br />No Third -Party Beneficiaries. There are no third -party beneficiaries of this <br />contract. <br />9. Severability. The provisions of this contract are severable. If a court of <br />competent jurisdiction finds that any provision of this contract is unenforceable, the remaining <br />provisions will remain in effect without the unenforceable parts. <br />10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule <br />
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