|
B. The provisions of this Agreement shall run with the land, will be binding
<br /> upon, and inure to the benefit of the Parties, future owners of the Property,
<br /> and their respective successors and assigns. This Agreement will not,
<br /> however, be binding upon, or create any encumbrance to title as to, any
<br /> ultimate consumer who purchases a fully developed and improved lot within
<br /> the Property.
<br /> 6.07 Miscellaneous
<br /> A. Force Majeure The term "force majeure" as used herein shall mean and
<br /> refer to Acts of God, strikes, lockouts, or other industrial disturbances, acts
<br /> of public enemies, orders of any kind of the government of the United
<br /> States, the State of Texas or any civil or military authority, insurrections,
<br /> riots, epidemics, landslides, lightning, earthquake, fire, hurricanes, storms,
<br /> floods, washouts, droughts, arrests, restraint of government and people,
<br /> devil disturbances, explosions, breakage or accidents to machinery,
<br /> pipelines, or canals, or other causes not reasonably within the control of the
<br /> party claiming such inability.
<br /> 1. If, by reason of force majeure, any party hereto shall be rendered
<br /> wholly or partially unable to carry out its obligations under this
<br /> Agreement, then such party shall give written notice of the full
<br /> particulars of such force majeure to the other party within ten (10)
<br /> days after the occurrence thereof. The obligations of the party giving
<br /> such notice, to the extent effected by the force majeure, shall be
<br /> suspended during the continuance of the inability claimed, except as
<br /> hereinafter provided, and the party shall endeavor to remove or
<br /> overcome such inability with all reasonable dispatch.
<br /> B. Governing Law, Jurisdiction and Venue This Agreement shall be
<br /> governed by and construed in accordance with the laws of the State of
<br /> Texas, as it applies to contracts performed within the State of Texas and
<br /> without regard to any choice of law rules or principles to the contrary. The
<br /> parties acknowledge that this Agreement is performable in Hays County,
<br /> Texas and hereby submit to the jurisdiction of the courts of that County, and
<br /> hereby agree that any such Court shall be a proper forum for the
<br /> determination of any dispute arising hereunder.
<br /> C. Severability If any provision of this Agreement is illegal, invalid, or
<br /> unenforceable, under present or future laws, it is the intention of the Parties
<br /> that the remainder of this Agreement not be affected, and, in lieu of each
<br /> illegal, invalid, or unenforceable provision, that a provision be added to this
<br /> Agreement which is legal, valid, and enforceable and is as similar in terms
<br /> to the illegal, invalid or enforceable provision as is possible. The Parties
<br /> agree to reasonably cooperate to effectuate the intent of this Agreement:
<br />
|