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Choice of Law; Venue; Alternative Dispute Resolution. This contract will be <br />construed under the laws of the 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 good <br />faith to a non-binding alternative dispute resolution process before filing a suit <br />concerning this contract. <br /> <br />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 />Severabifity. The provisions of this contract are severable. Ifa 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 />Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of <br />construction that ambiguities in a document will be construed against the party who <br />drafted it will not be applied in interpreting this contract. <br /> <br />No Special Relationship. The parties' relationship is an ordinary commercial <br />relationship, and they do not intend to create the relationship of principal and agent, <br />partnership, joint venture, or any other special relationship. <br /> <br />Counterparts'. If this contract is executed in multiple counterparts, all counterparts <br />taken together will constitute this contract. <br /> <br />Closing Date. The closing date stated in this contract is contingent on the Buyer <br />moving into "The Depot Building." <br /> <br />Appraisal. Appraisal must be adequate to cover Sales Price; otherwise, this contract <br />shall be declared null and void and of no further force and effect. <br /> <br />n. Closing Costs'. Seller and Buyer will pay normal closing costs. <br /> <br />EXECUTED on the 10th day of February, 2003. <br /> <br />CITY OF PARIS, PARIS, TEXAS <br />SELLER <br /> <br />By: <br /> <br />Michael J. Pfiester, Mayor <br /> <br />Page 6 of 8 <br /> <br /> <br />