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<br />Draft 4-24-03 <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />10. <br /> <br />INTEGRATION. This Contract contains the complete agreement between the parties <br />and cannot be amended except by a written document signed by the parties. The parties <br />agree that mere are no oral agreements, understandings, representations or warranties which <br />are not expressly set forth in this Contract. <br /> <br />BINDING EFFECT. This Contract will be binding upon, and inure to the benefit of, the <br />parties and their respective heirs, successors, legal representatives and assigns. <br /> <br />ASSIGNMENT~ WAIVER. Neither party may assign this Contract without the written <br />consent of the other party. The failure of a party to insist upon strict compliance with this <br />Contract by the other party on one or more occasions will not constitute a waiver of the right <br />to thereafter enforce such compliance. <br /> <br />CONSTRUCTION. This Contract will be construed under the laws of the State of Texas, <br />and mandatory venue for any legal action under this Contract is in Hays County, Texas. The <br />rule of construction that ambiguities in a document will be construed against the party.who <br />drafted it will not be applied in interpreting this Contract. The term "will" in this Contract <br />is mandatory. Pronoun references to a particular gender or to singular/plural parties will be <br />interpreted in the appropriate gender and number. The titles of paragraphs are for <br />convenience only and do not affect the meaning of this Contract. <br /> <br />PARTIAL INVALIDITY. In case any' provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or <br />unenforceability will not affect any other provision, and this Contract will be construed as <br />if the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />TIME. Time is of the essence. <br /> <br />SPECIAL PROVISIONS. <br /> <br />A. The Buyer is requesting this transaction from the Seller. <br /> <br />B. Buyer and Seller acknowledge and agree that the sales price of $78,000 is only a portion <br />of the fair market value of the Easements, and that to the extent the fair market value of the <br />Easements exceeds the sales price, the Seller is making a donation to the Buyer. <br /> <br />C. The Buyer agrees not to make an assessment for the street improvements for the Davis <br />Lane Project within the Easements against the Seller as to the remainder ofthe acre, <br />more or less, tract of land depicted on the attached Exhibit C, out of which the Seller is <br />conveying the Easements to the Buyer. <br /> <br />D. The Buyer agrees to treat the remainder of the - acre, more or less, tract of land <br />depicted on tlle attached Exhibit C, out of which the Seller is conveying the Easements to the <br />Buyer, as a preferred site for the disposal of surplus fill materials from the Buyer's <br />construction activities. <br /> <br />4 <br />