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difficult to accurately estimate and that Buyers Liquidated Damages or the Earnest Money and <br />Seller's Additional Liquidated Damages are reasonable forecasts ofjust compensation to the <br />nondefaulting party for the harm that would be caused by a default. <br />4. Attorney's Fees, If either party retains an attorney to enforce this contract, the <br />party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other <br />costs. <br />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 />r <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 only with the consent of Seller, <br />S. 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 contiaA the Closing Documents will control. <br />6. Choice of Law; 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 for any. dispute arising under this agreement shall be in the appropriate state <br />court in Hays County, Texas having jurisdiction. Time p6rrnitting, the parties will submit in good <br />faith to an alternative dispute resolution process beforefag a suit concerning this contract. <br />7. Waiver of Default, It is not a waiver of default if the noudefaulting party fails to <br />declare immediately a default or delays taking any action with respect to the default. <br />