Res 2006-014 - Laserfiche WebLink

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I I I prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty, covenant, agreement or condition not expressed in this Contract shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Contract. Section 11.9 Partial Invaliditv. If any clause or provisions of this Contract is or should ever be held to be illegal, invalid, or unenforceable under any present or future law applicable to the terms hereof, then and in the event, it is the intention of the parties hereto that the remainder of this Contract shall not be affected thereby, and that in lieu of each such clause or provision of this Contract that is illegal, invalid, or unenforceable, there be added as a part of this Contract a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. Section 11.10 Counteroart Execution. To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this Contract to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. Section 11.11 Holidavs. In the event that the date upon which any duties or obligations hereunder to be performed shall occur upon a Saturday, Sunday or legal holiday, then, in such event, the due date for performance of any duty or obligation shall thereupon be automatically extended to the next succeeding business day. Section 11.12 No Recording. Seller and Purchaser agree that neither this Contract, a copy of this Contract nor any instrument describing or referring to this Contract shall ever be filed of record in the Office of the County Clerk of the county in which the Property or any portion of the Property is situated prior to the Closing. In the event this Contract, a copy of this Contract or any instrument describing or referring to this Contract is so filed of record prior to the Closing of the transaction contemplated by this Contract, SeHer, at Seller's option, may terminate this Contract, unless such recordation is done by Seller or with Seller's consent. Section 11.13 Contract as Offer. Seller's execution of this Contract and provision of same to Purchaser or Title Company shall be deemed an offer to sell the Property consistent with the terms and provisions of this Contract. To the extent Purchaser should fail to execute this Contractandplace an- origmal signed version of same in overnight courier for delivery back to Seller or Title Company with confirmation of such signature by facsimile on or prior to 5:00 p.m., December 27, 2005, then such Offer shall be deemed rescinded without further action by Seller. Section 11.14 Assignabilitv. This Contract may not be assigned by Purchaser without the prior written consent of Seller which consent may be given or withheld in Seller's sole discretion; provided, however, Purchaser may assign this contract to the City of San Marcos -14-