Res 2001-207 - Laserfiche WebLink

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-4- 10. CONDEMNA TION. If eminent domain proceedings are initiated by a third party as to all or any part of the Property before the Closing Date, the Seller will promptly give the Buyer written notice, and the Buyer will have the option of either applying the proceeds of any condemnation award to reduce the Sales Price, or the Buyer may terminate this Contract by delivering written notice to the Seller and the Earnest Money will be promptly refunded to the Buyer. 11. ATTORNEY'S FEES. Any party to this Contract who is the prevailing party in any legal proceeding to enforce the terms of this Contract will be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 12. NOTICES. Except as otherwise expressly provided in this Contract, any notice or communication under this Contract will be deemed to be delivered, whether actually received or not, when either hand delivered, or deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address set forth below: Buyer: City Manager City of San Marcos 630 East Hopkins San Marcos, TX 78666 Seller: A1badelana Daniel 1204 Marlton Street San Marcos, TX 78666 Notice sent in any other way will be deemed delivered when and if actually received. A party that changes its address will give prompt written notice of the change to the other party. 13. INTEGRATION. This Contract contains the complete agreement between the parties and cannot be amended except by a written document signed by the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth in this Contract. 14. BINDING EFFECT. This Contract will be binding upon, and inure to the benefit of, the parties and their respective heirs, successors, legal representatives and assigns. 15. ASSIGNMENT; WAIVER. Neither party may assign this Contract without the written consent of the other party. The failure of a party to insist upon strict compliance with this Contract by the other party on one or more occasions will not constitute a waiver of the right to thereafter enforce such compliance.