Res 2003-107 - Laserfiche WebLink

Home Browse Search

11. 12. 13. 14. 15. 16. delivering written notice to the Seller and the Earnest Money will be promptly refunded to the Buyer. 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. NOTICES. Except as otherwise expressly provided in this Contract, any notice or communication under tiffs 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: Cephas U Estate c/o Paul Rutledge, Jr. P.O. Box 235 Palestine, Texas 75802-0235 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. 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. 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. 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. CONSTRUCTION. This Contract w'dl be construed under the laws of the State of Texas, and mandatory venue for any legal action under this Contract is in Hays County, Texas. The term "will" in this Contract is mandatory. Pronoun references to a particular gender or to singular/plural parties will be interpreted in the appropriate gender and number. The titles of paragraphs are for convenience only and do not affect the meaning of this Contract.