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11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <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 />Alan Holt <br />11204 Pinehurst Drive <br />Austin, TX 78747 <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 />INTEGRATION. This Contract contains the complete agreement between the parties <br />and cannot be amended except by a wa-itten document signed by the parties. The parties <br />agree that there are no oral agreements, understandings, representations or warranties which <br />are not expressly set forth in this Contract. <br /> <br />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 />ASSIGNMENT~ WAIVER. Neither party may assign this Contract without the written <br />consent of the other party. The failure ora 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 />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 />rule of construction that ambiguities in a document will be construed against the party who <br />drafted it will not be applied in interpreting this Contract. The term "will" in this Contract <br />is mandatory. Pronoun references to a particular gender or to singular/plural parties will be <br />interpreted in the appropriate gender and number. The titles of paragraphs are for <br />convenience only and do not affect the meaning of this Contract. <br /> <br />PARTIAL INVALIDITY. In case any provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or <br />unenforceability will not affect any other provision, and this Contract will be construed as <br />if the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />TIME. Time is of the essence. <br /> <br />SPECIAL PROVISIONS. <br /> <br /> I. The Buyer's obligation to close this transaction is contingent on the Seller <br />securing a 50' wide public fight-of-way kom the IH-35 east access road to the Property, prior <br />to the Closing Date, in one of the following ways: <br /> <br />4 <br /> <br /> <br />