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2003-028-RES EXECUTION OF REAL ESTATE AGREEMENT FOR LAMAR COUNTY CHAMBER OF COMMERCE TO PURCHASE 3/10 AT LOT 1, BLOCK 102 AND LOTS 2 AND 2A AND BLOCK 102-B
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2003-028-RES EXECUTION OF REAL ESTATE AGREEMENT FOR LAMAR COUNTY CHAMBER OF COMMERCE TO PURCHASE 3/10 AT LOT 1, BLOCK 102 AND LOTS 2 AND 2A AND BLOCK 102-B
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8/18/2006 4:27:55 PM
Creation date
3/10/2003 8:35:39 PM
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CITY CLERK
Doc Name
2003
Doc Type
Resolution
CITY CLERK - Date
2/10/2003
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<br />a. Notices. Any notice required by or permitted under this contract must be in writing. <br />Any notice required by this contract will be deemed to be delivered (whether actually <br />received or not) when deposited with the United States Postal Service, postage <br />prepaid, certified mail, return receipt requested, and addressed to the intended <br />recipient at the address shown in this contract. Notice may also be given by regular <br />mail, personal delivery, courier delivery, facsimile transmission, or other <br />commercially reasonable means and will be effective when actually received. Any <br />address for notice may be changed by written notice delivered as provided herein. <br />Copies of each notice must be given by one of these methods to the attorney of the <br />party to whom notice is given. <br /> <br />b. Entire Contract. This contract, together with its exhibits, and any Closing Documents <br />delivered at closing constitute the entire agreement of the parties concerning the sale <br />of the Property by Seller to Buyer. There are no oral representations, warranties, <br />agreements, or promises pertaining to the sale of the Property by Seller to Buyer not <br />incorporated in writing in this contract. <br /> <br />c. Amendment. This contract may be amended only by an instrument in writing signed <br />by the parties. <br /> <br />d. Prohibition of Assignment. Buyer may not assign this contract or any of Buyer's <br />rights under it without Seller's prior written consent, and any attempted assignment <br />is void. This contract binds, benefits, and may be enforced by the parties and their <br />respective heirs, successors, and permitted assigns. <br /> <br />e. Choice of Law; Venue; Alternative Dispute Resolution. This contract will be <br />construed under the laws ofthe State of Texas, without regard to choice-of-law rules <br />of any jurisdiction. Venue shall be in Lamar County for all State court actions and in <br />the Eastern District of Texas, Tyler Division, for all Federal court actions, except as <br />otherwise provided by applicable law. Time permitting, the parties will submit in <br />good faith to a non-binding alternative dispute resolution process before filing a suit <br />concerning this contract. <br /> <br />f. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to <br />declare immediately a default or delays taking any action with respect to the default. <br /> <br />g. No Third-Party Beneficiaries. There are no third-party beneficiaries of this contract. <br /> <br />h. Severability. The provisions of this contract are severable. If a court of competent <br />jurisdiction finds that any provision of this contract is unenforceable, the remaining <br />provisions will remain in effect without the unenforceable parts. <br /> <br />Page 5 of 7 <br />
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