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Property, or the consummation of the transactions contemplated herein. <br /> <br /> b. Disclosure. Horton hereby discloses that it is a licensed real estate broker buying <br />for its own account. Elk River hereby discloses that it is a licensed real estate broker buying for <br />its own account. <br /> <br />16. MISCELLANEOUS PROVISIONS. <br /> <br /> a. Date of Contract. The term "date of this Contract" or "date hereof' or "effective <br />date of this Contract" as used herein shall mean the later of the dates on which this Contract is <br />signed by: (i) Elk River, (ii) Horton or (iii) Horton's Corporate Approval, which later date shall <br />be the date of final execution and agreement by the Parties hereto. <br /> <br /> b. Notices. Any notice or communication required or permitted hereunder shall be <br />deemed to be delivered, whether actually received or not, when deposited in the United States <br />mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient at the <br />address on the signature page of this Contract or when delivered personally to such address. Any <br />address for notice may be changed by written notice so given. All notices to Horton shall <br />include a copy to: <br /> <br />D.R. Horton, Inc.-Minnesota <br />1901 Ascension Boulevard, Suite 100 <br />Arlington, Texas 76006 <br />Attn: James M. Peebles <br /> <br /> c. Forms. In case of a dispute as to the form of any document required hereunder, <br />the current form adopted by the Minnesota Commissioner of Commerce as a Uniform <br />Conveyancing Blank or prepared by the Minnesota State Bar Association shall be conclusively <br />deemed reasonable. <br /> <br /> d. Attorneys' Fees. If either Party shall be required to employ an attorney to <br />enforce or defend the rights of such Party hereunder, the prevailing Party shall be entitled to <br />recover reasonable attorneys' fees. <br /> <br /> e. Integration. This Contract contains the complete agreement between the Parties <br />and cannot be varied except by the written agreement of the Parties. The Parties agree that there <br />are no oral agreements, understandings, representations, or warranties which are not expressly <br />set forth herein. <br /> <br /> f. Survival. Except as expressly provided in this Contract, any portion of this <br />Contract which relates to a period after Closing, and all of the representations, warranties and <br />indemnities, will survive Closing or termination of this Contract for a period of one year and <br />shall not merge with delivery of the deed, including without limitation the indemnification <br />obligations contained in Section 7.d. <br /> <br />g. Binding Effect. This Contract shall inure to the benefit of and bind the Parties <br /> <br />2174122vl 12 <br /> <br /> <br />