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DocuSEgn Envelope ID:368C77B5-848E-4BA2-ABF6-2F3D8743222B <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 f <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 /> i <br /> i <br /> 14. No Waiver of bnmunity. 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. I <br /> 15. Subject.to Funding and Approval. This contract and closing are subject to the <br /> following during the Inspection Period: a)the approval of the San Marcos City Council; and b)the <br /> appropriation by the San Marcos City Council of lawfully available funds for payment of the <br /> Purchase Price, all of Buyer's Closing Costs and any other expenses provided for in this contract. <br /> If no such approval is obtained or appropriation made during the Inspection Period, Buyer may <br /> terminate this contract and Seller shall have no recourse against Buyer for such termination and <br /> this contract shall be of no further force and effect. <br /> N. Special Provisions <br /> 1. DISCLAIMER <br /> A. BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT: (I) BUYER HAS, OR WILL <br /> HAVE BEFORE THE CLOSING, COMPLETED AN INVESTIGATION AND INSPECTION OF <br /> THE PROPERTY INCLUDING, WITHOUT LIMITATION,SUCH SOILS, ENGINEERING AND <br /> ENVIRONMENTAL STUDIES AS MAY BE NECESSARY TO ASSESS THE CONDITION OF THE <br /> PROPERTY AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE, <br /> (11)SELLER IS SELLING AND BUYER IS PURCHASING THE PROPERTY ON AN"AS IS WITH J <br /> ALL FAULTS" BASIS AND (IH) EXCEPT AS EXPRESSELY SET FORTH HEREIN OR IN <br /> DOCUMENTS DELIVERED AT CLOSING, BUYER IS NOT RELYING ON ANY <br /> REPRESENTATIONS OR WARRANTIES OR GUARANTIES OF ANY KIND WHATSOEVER, <br /> EXPRESS OR IMPLIED, FROM SELLER, ITS EMPLOYEES, DIRECTORS, OFFICERS, <br /> AGENTS,CONSULTANTS,CONTRACTORS,SUBCONTRACTORS OR BROKERS AS TO ANY <br /> MATTERS CONCERNING THE PROPERTY INCLUDING, WITHOUT LIMITATION, ANY <br /> INFORMATION CONTAINED IN ANY REPORT, PLAN OR OTHER WRITTEN MATERIAL <br /> GIVEN BY SELLER TO BUYER WITH RESPECT TO THE PROPERTY OTHER THAN AS SET <br /> FORTH IN THIS CONTRACT OR ANY CLOSING DOCUMENT THAT IS DELIVERED TO <br />