2002-074-RES APPROVE/AUTHORIZE EXECUTION OF EARNEST MONEY CONTRACT FOR PURCHASE OF SITE FOR NEW LAW ENFORCEMENT CENTER

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MAY-10-2002 16:46 I_EGGETT PlATT 417 358 8449 P.06/09 13. BROKER. Each party represents to the other party that they have dealt with no broker, finder or other person entitled to a fee concerning the transactions covered by this Agreement, and each party shall defend, reimburse and indemnitY the other against any liabilities and expenses (including reasonable attorney's fees) arising out of any breach of the representations contained in this section. 14. "AS IS" SALE. Buyer hereby acknowledges that Seller is conveying the Property strictly and solely on an "as is, where is" basis, and with all faults, and that SeHer has made no materiaJ representations or given any warranties to Buyer or its agents respecting the status, condition or any other aspect of the Property. Buyer covenants and agrees that it will solely rely on its own inspections with respect to the condition and status of the Property, and not on any statements made by Seller or its agents, and that upon closing of title all of Seller's obligations and liabilities hereunder and with respect to the Property shall ~e deemed merged into the deed. 15. MISCELLANEOUS. (a) This Agreement shall be governed by the laws of the State of Texas. Ifany provision of this Agreement is determined to be illegal, invalid or unenforceable, such determination shall not affect the legality, validity and enforceability of the remaining provisions of this Agreement. (b) This Agreement shall be binding upon the parties' executors, personal representatives, legatees and heirs. (c) Notices, demands or other communications hereunder shall be in writing and delivered in person or via telecopy, overnight delivery service or certified mail, return receipt requested, to the addresses listed in this Agreement. (d) This Agreement constitutes the entire agreement among the parties and supersedes any prior understandings or agreements, written or oral, that relate to the subject hereof This Agreement may not be modified or amended unless in writing and signed by each of the parties hereto. (e) If any action or proceeding brought by any party to enforce the terms of this Agreement or to recover damages for breach of this Agreement, (i) no punitive or consequential damages may be sought or recovered, and (ii) the party prevailing on substantially all of the material issues in such action or proceeding shall be entitled to recover all of its reasonable attorneys' fees, court costs and expenses of litigation. (f) The headings contained in this Agreement are for the convenience of the parties only and shall not have any substantive effect. This Agreement shall be deemed to have been mutually drafted by all parties after consultation with counsel, and thus ambiguities contained herein shall not be resolved in favor of anyone party over the other. (g) Notwithstanding any other provision of this Agreement, when a period of time is prescribed for any action to be taken by Seller, Seller shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to strikes or other labor problems, riots, acts of God, weather, shortages of labor or materials, war, acts of aggression or terror, laws, regulations or restrictions, or any other fact or circumstance that is beyond the reasonable control of Seller. (h) The failure of the parties to exercise any of their respective rights hereunder or to insist upon strict performance of any of the terms, conditions. and covenants herein shall not be deemed a waiver of any such rights or terms, conditions, and covenants, nor deemed a waiver of any initial or subsequent breach by any party of the terms, conditions, and covenants herein contained. "'.' 4