06-B UARCO Purchase - Laserfiche WebLink

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MRY-10-2962 16:46 LEGGETT PLRTT 417 358 e449 P.06i69 13. BROICER. Each party represents to the other party that they have dealt with no broker, finder or other person entitled Lo a fee concerning the transactions covered by this Agreement, and each party shall defend, reimburse and indemnify the other against anY liabilities snd expenses (including reasonable attorney's fees) arising out of any breach of the representations cootained in this section. 14. "AS IS" SAI.E. Buyer hereby acknowledges that Seller is conveyinD the Property striCdy and solely on an "as is, where is' basis, and with all faults, and that Seller has madt no material reprosentations 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 rts own inspections with respect to the condition and status of the Property, and not on aoy statements made by Seller or its agenu, and that upon closing of title all of Seller's obligations and liabilities hereunder and with respect to the Property sha11 be deemed merged into the deed. 15. MISCELLANEOUS. (a) This Agreement shall be govemed by the laws of the State of Texas. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such determination shall not affed t~jegali7 S~ ~~t hal be binding upon the partiPes~ exe~ut rst Pcrsonal ePresentatives, legatees and heirs. (c) Notices, demands or other communications hereunder shall be in writing and delivered in person or via telecopy, ovemight delivery servicx or certi6ed mail, retum receipt requested, to the addresses listed in this Ageement. (d) This Agreement constimtes 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 hetdo. of this (e) If any action or proceeding brought by any party to enforce the terms qgreement or to recover damages for breach of this Ageement, (i) no punitive or consequential damages cnay 6e sougttt or recovered, and (ii) the party prevailing on substantially all of the material issues in such action or proceeding shall be entitled to recover a11 of its reasonable attorneys' fees, court costs and expenses of litigation. (fl The headines contained in this Agreement are for the conveniente of tbe partaes only and shall not have any substantive effect. This Agrcement 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 any one party over the other. (g) Notwithstanding any other provision of this Agreement, when a period of time is prescribed for any aaion to be taken by Seller, Seller shall not be liable or responsible for, and there shall be eucluded from the computation fot any such period of time, an,y delays due to strikes or other labor problems, riots, acts of God, weather, shortages of labor or materials, war, acts of aggression or tettor, laws, regulations or restndions, 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 righu hereunder or to insist upon strict perfortnance of any of the tenms, conditions, and covenants herein shall not be deemed a waiver of any such rights or tercns, conditions, and covenants, nor deenned a waiver of any initial or subsequent bteach by any party of the tenns, conditions, and covenants herein contained.