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2011-176.1
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2011-176.1
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Last modified
2/15/2016 9:51:33 AM
Creation date
10/1/2015 3:25:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/16/2011
Control Number
2011-176.1
Agenda Item Number
12.A.5
Entity Name
Pressley Ranch Inc,
Subject
Land Purchase grant funds North American Wetlands Conservation Act
Deed, Title Insurance, Environmental Affadavit
Area
Pressley Ranch
Supplemental fields
SmeadsoftID
10560
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18 . DEFAULT . If Seller defaults under this Agreement, Purchaser may waive the default and <br /> proceed to closing , seek specific performance , or refuse to close and elect to receive the return <br /> of any <br /> money paid , each without waiving any action for damages , or any other remedy permitted by law or in <br /> equity resulting from Seller' s default . If Purchaser defaults under this Agreement, Seller ' s sole <br /> and <br /> exclusive remedy shall be specific performance . In connection with any dispute arising out of this <br /> Agreement, including without limitation litigation and appeals , each party will be responsible for its own <br /> attorney ' s fees and costs . <br /> 19 . BROKERS . Seller warrants that no persons , firms, corporations or other entities are entitled to a <br /> real estate commission or other fees as a result of this Agreement or subsequent closing, <br />except as <br /> accurately disclosed on the disclosure statement required in paragraph 10 . Seller shall indemnify and <br /> hold Purchaser harmless from any and all such claims , whether disclosed or undisclosed . <br /> 20 . RECORDING . This Agreement may not be recorded . <br /> 21 . ASSIGNMENT . This Agreement may be assigned by Purchaser, in which event Purchaser will <br /> provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the <br /> prior written consent of Purchaser . <br /> 22 . TIME . Time is of essence with regard to all dates or times set forth in this Agreement. <br /> 23 . SEVERABILITY . In the event any of the provisions of this Agreement are deemed to be <br /> unenforceable , the enforceability of the remaining provisions of this Agreement shall not be affected . <br /> 24 . SUCCESSORS IN INTEREST . Upon Seller' s execution of this Agreement, Seller' s heirs , legal <br /> representatives, successors and assigns will be bound by it . Upon Purchaser' s approval of this <br /> Agreement, Purchaser and Purchaser' s successors and assigns will be bound by it. Whenever used, the <br /> singular shall include the plural and one gender shall include all genders . <br /> 25 . ENTIRE AGREEMENT . This Agreement contains the entire agreement between the parties <br /> pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements , <br /> representations and understandings of the parties . No supplement, modification or amendment to this <br /> Agreement shall be binding unless executed in writing by the parties . <br /> 26 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any covenant or <br /> condition of this Agreement, or to exercise any right herein contained , shall not be construed as a waiver <br /> or relinquishment for the future of any such covenant, condition or right ; but the same shall remain in full <br /> force and effect . <br /> 27 . AMENDMENTS . No modification, amendment or alteration hereto , shall be effective or binding <br /> upon any of the parties hereto until it has been executed by all of the parties hereto . <br /> 28 . ADDENDUM . Any addendum attached hereto that is signed by the parties shall be deemed a <br /> part of this Agreement. <br /> 29 . NOTICE . Whenever either party desires or is required to give notice unto the other, it must be <br /> given by written notice , and either delivered personally or mailed to the appropriate address indicated on <br /> Page 4 <br />
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