Laserfiche WebLink
<br />MBT Draft 8-31-00 <br /> <br />notice to the Seller and the Earnest Money will be promptly refunded to 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 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 ~ill 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: 512/396-4656 <br /> <br />Seller: <br /> <br />Tetco, c/o Carlton Skinner Simpson <br />1777 NE Loop 410, Suite 1500 <br />San Antonio, TX 78217 <br />Facsimile: 210/822-0827 <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 ofthe 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 />16. 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 />term "will" in this Contract is mandatory. Pronoun references to a particular gender or to <br /> <br />-6- <br />