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<br />written 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. A TTORNEY'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 court 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 deposited in the United States mail, postage fully prepaid, registered or certified <br />mail, and addressed to the intended recipient at the address set forth below, or when <br />confirmed as a facsimile transmission. Any address for notice may be changed by written <br />notice so delivered. <br /> <br />Buyer: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br />Facsimile: 396-4656 <br /> <br />Seller: <br /> <br />Danny Gribbon <br />C.C. <br />C&G Development I ~e. <br />2011 Clovis Barker Road <br />San Marcos, TX 78666 <br />Facsimile: c/o Gene Majors, 396-8539 <br /> <br />Notice sent in any other way will be deemed delivered when and if actually received. <br /> <br />13. INTEGRATION. This Contract contains the complete agreement between the parties and <br />cannot be amended except by a written document signed by the parties. The parties agree <br />that there are no oral agreements, understandings, representations or warranties which are not <br />expressly set forth in this Contract. <br /> <br />14. 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 />15. 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 />-6- <br />