THIS AGREEMENT.
PURCHASER ALSO REPRESENTS THAT IT IS NOT IN A
SIGNIFICANTLY DISPARATE BARGAINING POSITION IN RELATION TO SELLER.
(B)
PURCHASER REPRESENTS THAT IT HAS BEEN REPRESENTED BY LEGAL COUNSEL
IN SEEKING OR ACQUIRING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THIS
AGREEMENT AND THAT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT DOES NOT
INVOLVE THE PURCHASE OR LEASE OF A FAMILY RESIDENCE OCCUPIED OR TO BE OCCUPIED
AS THE RESIDENCE OF PURCHASER.
PURCHASER SHALL CAUSE ITS LEGAL COUNSEL TO SIGN
THIS AGREEMENT IN THE SPACE PROVIDED BELOW FOR THE PURPOSE OF COMPLYING WITH
SECTION 17.42(A)(3) OF THE DTPA.
(C)
PURCHASER AGREES, ON ITS OWN BEHALF AND ON BEHALF OF ITS ASSIGNS
AND SUCCESSORS, THAT ALL OF ITS RIGHTS AND REMEDIES UNDER THE DTPA ARE WAIVED
AND RELEASED, INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ALL RIGHTS AND
REMEDIES RESULTING FROM OR ARISING OUT OF ANY AND ALL ACTS OR PRACTICES OF
SELLER IN CONNECTION WITH THIS TRANSACTION, WHETHER SUCH ACTS OR PRACTICES OCCUR
BEFORE OR AFTER
15
THE EXECUTION OF THIS AGREEMENT; PROVIDED, HOWEVER, NOTWITHSTANDING ANYTHING TO
THE CONTRARY HEREIN, IN ACCORDANCE WITH SECTION 17.42 OF THE DTPA, PURCHASER
DOES NOT WAIVE SECTION 17.555 OF THE DTPA.
8.4
EFFECT AND SURVIVAL OF DISCLAIMERS.
SELLER HAS INFORMED PURCHASER
THAT THE COMPENSATION TO BE PAID TO SELLER FOR THE PROPERTY HAS BEEN DECREASED
TO TAKE INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD SUBJECT TO THE PROVISIONS
OF THIS ARTICLE VIII.
SELLER AND PURCHASER AGREE THAT THE PROVISIONS OF THIS
ARTICLE VIII SHALL SURVIVE CLOSING.
ARTICLE IX
MISCELLANEOUS
9.1
BROKER.
SELLER AND PURCHASER REPRESENT EACH TO THE OTHER THAT
EACH HAS HAD NO DEALINGS WITH ANY BROKER, FINDER OR OTHER PARTY CONCERNING
PURCHASER'S PURCHASE OF THE PROPERTY.
SELLER AND PURCHASER EACH HEREBY AGREE TO
INDEMNIFY AND HOLD THE OTHER HARMLESS FROM ALL LOSS, COST, DAMAGE OR EXPENSE
(INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY THE OTHER AS A RESULT OF ANY
CLAIM ARISING OUT OF THE ACTS OF THE INDEMNIFYING PARTY (OR OTHERS ON ITS
BEHALF) FOR A COMMISSION, FINDER'S FEE OR SIMILAR COMPENSATION MADE BY ANY
BROKER, FINDER OR ANY PARTY WHO CLAIMS TO HAVE DEALT WITH SUCH PARTY.
THE
FOREGOING REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION SHALL SURVIVE
THE CLOSING.
THE TEXAS REAL ESTATE LICENSE ACT REQUIRES WRITTEN NOTICE TO
PURCHASER THAT IT SHOULD HAVE AN ATTORNEY EXAMINE AN ABSTRACT OF TITLE TO THE
PROPERTY BEING PURCHASED OR OBTAIN A TITLE INSURANCE POLICY.
NOTICE TO THAT
EFFECT IS, THEREFORE, HEREBY GIVEN TO PURCHASER.
9.2
ERISA.
PURCHASER REPRESENTS THAT PURCHASER IS NOT AN EMPLOYEE
BENEFIT PLAN OR A GOVERNMENTAL PLAN OR A PARTY IN INTEREST OF EITHER SUCH A
PLAN, AND THAT THE FUNDS BEING USED TO ACQUIRE THE PROPERTY ARE NOT PLAN ASSETS
OR SUBJECT TO STATE LAWS REGULATING INVESTMENTS OF AND FIDUCIARY OBLIGATIONS
WITH RESPECT TO A GOVERNMENTAL PLAN.
AS USED HEREIN, THE TERMS "EMPLOYEE
BENEFIT PLAN", "PARTY IN INTEREST", "PLAN ASSETS" AND "GOVERNMENTAL PLAN" SHALL
HAVE THE RESPECTIVE MEANINGS ASSIGNED TO SUCH TERMS IN ERISA, AND THE TERM