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DocuSign Envelope ID:368C77B5-B48E-48A2-ABF6-2F3D8743222B <br /> 1 <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 party <br /> prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. <br /> M. Miscellaneous Provisions <br /> 1. Notices. Any notice required by or permitted under this contract must be in writing. { <br /> Any notice required by this contract will be deemed to be delivered (whether actually received or 1 <br /> not)when deposited with the United States Postal Set vice,postage prepaid, certified mail,return <br /> receipt requested, and addressed to the intended recipient at the address shown in this contract. <br /> Notice may also be given by regular mail, personal delivery, courier delivery, facsimile <br /> transmission, electronic mail,or other commercially reasonable means and will be effective when <br /> actually received. Any address for notice may be changed by written notice delivered as provided <br /> herein. Copies of each notice must be given by one of these methods to the attorney of the party J <br /> 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 i <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 only with the consent of Seller. <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 /> for six(6)months, and the legal doctrine of merger will not apply to these matters, If there is any <br /> conflict between the Closing Documents and this contract, the Closing Documents will control. j <br /> F <br /> f <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. The parties will submit in good faith to an <br /> alternative dispute resolution process before filing a suit concerning this 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 /> 1 <br /> 1 <br /> i <br />