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<br />D. <br /> <br />14. <br /> <br />This Agreement constitutes the entire agreement among the parties and supersedes <br />any prior understandings or agreements, written or oral, that relate to the subject <br />hereof. This Agreement may not be modified or amended unless in writing and <br />signed by each of the parties hereto. <br /> <br />E. <br /> <br />If any action or proceeding is brought by any party to enforce the terms of this <br />Agreement or to recover damages for breach of this Agreement, (i) no punitive or <br />consequential damages may be sought or recovered, and (ii) the party prevailing on <br />substantially all of the material issues in such action or proceeding shall be entitled <br />to recover all of its reasonable attorneys' fees, court costs and expenses of litigation. <br /> <br />F. <br /> <br />This Agreement shall be deemed to have been mutually drafted by all parties after <br />consultation with counsel, and thus ambiguities contained herein shall not be <br />resolved in favor of anyone party over the other. <br /> <br />G. <br /> <br />Notwithstanding any other provisions of this Agreement, when a period of time is <br />prescribed for any action to be taken by SELLER, SELLER, shall not be liable or <br />responsible for, and there shall be excluded from the computation for any such period <br />of time, any delays due to strikes or other labor problems, riots, acts, of God, <br />weather, shortages of labor or materials, war, acts of aggression or terror, laws, <br />regulations or restrictions, or any other fact or circumstance that is beyond the <br />reasonable control of SELLER. <br /> <br />H. <br /> <br />The failure of the SELLER to exercise any of its respective rights hereunder or to <br />insist upon strict performance of any of the terms, conditions, and covenants herein <br />shall not be deemed a waiver of any such rights or terms, conditions, and covenants, <br />nor deemed a waiver of any initial or subsequent breach of the terms, conditions, and <br />covenants herein contained. <br /> <br />I. <br /> <br />This Agreement may be executed in two or more counterparts, each of which shall <br />be deemed an original, but together they shall constitute one and the same contract. <br />Faxed signatures shall be deemed fully effective. <br /> <br />J. <br /> <br />The transactions contemplated by this Agreement are between two business entities <br />and are intended to be commercial in nature. Accordingly, no court decision, statute, <br />law or regulation relating to the protection of consumers or the purchase/sale of <br />residential real estate shall be applicable to the parties dealings under or pursuant to <br />this Agreement. <br /> <br />K. <br /> <br />This Agreement is not intended to benefit, and the parties hereby confirm it does not <br />create any rights or privileges in or to, any third parties. <br /> <br />To the extent that same would apply, PURCHASER waives its rights under the Texas <br />Deceptive Trade Practices - Consumer Protection Act, Section 17.41 et seq of the Texas <br /> <br />Page 6 of 8 <br />