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<br />-4- <br /> <br />part of the Property before the Closing Date, the Seller will promptly give the Buyer written <br />notice, and the Buyer will have the option of either applying the proceeds of any <br />condemnation award to reduce the Sales Price, or the Buyer may terminate this Contract by <br />delivering written notice to the Seller and the Earnest Money will be promptly refunded to <br />the Buyer. <br /> <br />11. Attorney's Fees. Any party to this Contract who is the prevailing party in any legal <br />proceeding to enforce the terms of this Contract will be entitled to recover cOUl1 costs and <br />reasonable attorney fees from the non-prevailing party. <br /> <br />12. Notices. Except as otherwise expressly provided in this Contract, any notice or <br />communication under this Contract will be deemed to be delivered, whether actually received <br />or not, when either hand delivered, or deposited in the United States mail, postage fully <br />prepaid, registered or certified mail, and addressed to the intended recipient at the address <br />set forth below: <br /> <br />Buyer: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br /> <br />Seller: <br /> <br />Mary Lou H. Froh <br />5004 Crestway <br />Austin, TX 78731 <br /> <br />Notice sent in any other way will be deemed delivered when and if actually received. A party <br />that changes its address will give prompt written notice of the change to the other party. <br /> <br />13. Integration. This Contract contains the complete agreement between the parties and cannot <br />be amended except by a written document signed by the parties. The parties agree that there <br />are no oral agreements, understandings, representations or warranties which are not expressly <br />set forth in this Contract. <br /> <br />14. Binding Effect. This Contract will be binding upon, and inure to the benefit of, the parties <br />and their respective heirs, successors, legal representatives and assigns. <br /> <br />15. Assignment~ Waiver. Neither party may assign this Contract without the written consent <br />of the other party. The failure of a party to insist upon strict compliance with this Contract <br />by the other party on one or more occasions will not constitute a waiver of the right to <br />thereafter enforce such compliance. <br /> <br />16. Construction. This Contract will be construed under the laws of the State of Texas, and <br />mandatory venue for any legal action Ul1der this Contract is in Hays County, Texas. The term <br />