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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 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 or, if in federal court, the United States District <br /> Court for the Western District of Texas, Austin Division. Time permitting,the parties will submit <br /> in 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 /> 8. 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 competent <br /> jurisdiction finds that any provision of this contract is unenforceable,the remaining provisions will <br /> remain in effect without the unenforceable parts. <br /> 10. Ambiguities Not to Be Construed against Party Who Drafted Contract The rule <br /> of construction that ambiguities in a document will be construed against the party who drafted it <br /> will not be applied in interpreting this contract. <br /> 11. No Special Relationship. The parties' relationship is an ordinary commercial <br /> relationship, and they do not intend to create the relationship of principal and agent, partnership, <br /> joint venture, or any other special relationship. <br /> 12. Counterparts. If this contract is executed in multiple counterparts,all counterparts <br /> taken together will constitute this contract. <br /> 13. Confidentiality. The parties will keep confidential all information learned in the <br /> course of this transaction, except to the extent disclosure is required by the Texas Pubic <br /> Information Act, the Texas Open Meetings Act, other law or court order or to enable third parties <br /> to advise or assist Buyer to investigate the Property or either party to close this transaction. <br /> 14. No Waiver of Immunity. The parties agree that this contract is not a contract for <br /> goods or services and neither party waives any immunity from suit or liability of limitations on <br /> liability granted under applicable laws and constitution of the State of Texas. <br /> 15. Subject to Approval. This contract is subject to a)the approval of the San Marcos <br /> 10 <br />