PRECEDING SENTENCE.
9.14
NO THIRD PARTY RIGHTS.
NOTHING IN THIS AGREEMENT, EXPRESS OR
IMPLIED, IS INTENDED TO CONFER UPON ANY PERSON, OTHER THAN THE PARTIES HERETO
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, ANY RIGHTS OR REMEDIES UNDER OR BY
REASON OF THIS AGREEMENT.
9.15
FURTHER ASSURANCES.
BOTH SELLER AND PURCHASER AGREE THAT IT WILL
WITHOUT FURTHER CONSIDERATION EXECUTE AND DELIVER SUCH OTHER DOCUMENTS AND TAKE
SUCH OTHER ACTION, WHETHER PRIOR OR SUBSEQUENT TO CLOSING, AS MAY BE REASONABLY
REQUESTED BY THE OTHER PARTY TO CONSUMMATE MORE EFFECTIVELY THE TRANSACTIONS
CONTEMPLATED HEREBY.
9.16
CONSTRUCTION.
THE PARTIES ACKNOWLEDGE THAT THE PARTIES AND THEIR
COUNSEL HAVE REVIEWED AND REVISED THIS AGREEMENT AND THAT THE NORMAL RULE OF
CONSTRUCTION TO THE EFFECT THAT ANY AMBIGUITIES ARE TO BE RESOLVED AGAINST THE
DRAFTING PARTY SHALL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS AGREEMENT OR
ANY EXHIBITS OR AMENDMENTS HERETO.
9.17
CALCULATION OF TIME PERIODS.
UNLESS OTHERWISE SPECIFIED, IN
COMPUTING ANY PERIOD OF TIME DESCRIBED IN THIS AGREEMENT, THE DAY OF THE ACT OR
EVENT AFTER WHICH THE DESIGNATED PERIOD OF TIME BEGINS TO RUN IS NOT TO BE
INCLUDED AND THE LAST DAY OF THE PERIOD SO COMPUTED IS TO BE INCLUDED, UNLESS
SUCH LAST DAY IS A SATURDAY, SUNDAY OR LEGAL HOLIDAY UNDER THE LAWS OF THE STATE
OF TEXAS, IN WHICH EVENT THE PERIOD SHALL RUN UNTIL THE END OF THE NEXT DAY
WHICH IS NEITHER A SATURDAY, SUNDAY OR LEGAL HOLIDAY.
THE FINAL DAY OF ANY SUCH
PERIOD SHALL BE DEEMED TO END AT 5 P.M., DALLAS, TEXAS TIME.
9.18
APPLICABLE LAW.
THIS AGREEMENT IS PERFORMABLE IN DALLAS COUNTY,
TEXAS, AND SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE SUBSTANTIVE FEDERAL LAWS OF THE UNITED STATES AND THE LAWS OF THE
STATE OF TEXAS.
PURCHASER HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY
STATE OR FEDERAL COURT SITTING IN DALLAS COUNTY, TEXAS, IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND HEREBY IRREVOCABLY
AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD
AND DETERMINED IN A STATE OR FEDERAL COURT SITTING IN DALLAS COUNTY, TEXAS.
IF
EITHER PARTY SHALL EMPLOY AN ATTORNEY TO ENFORCE OR DEFINE THE RIGHTS OF SUCH
PARTY HEREUNDER, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE
NONPREVAILING PARTY ALL OF ITS REASONABLE EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES.
PURCHASER AND SELLER AGREE THAT THE PROVISIONS OF THIS SECTION
SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.
9.19
MUNICIPAL UTILITY DISTRICT NOTICES.
PURCHASER AGREES THAT IF THE
PROPERTY OR ANY PORTION THEREOF IS LOCATED IN A MUNICIPAL UTILITY DISTRICT,
PURCHASER WILL, WITHIN FIVE (5) DAYS AFTER REQUEST BY SELLER, EXECUTE ANY AND
ALL NOTICES WHICH, IN THE OPINION OF COUNSEL FOR SELLER, ARE REQUIRED BY LAW TO
BE GIVEN TO PURCHASER WITH RESPECT TO THE PROPERTY.
9.20
EXHIBITS AND SCHEDULES.
THE FOLLOWING SCHEDULES OR EXHIBITS
ATTACHED HERETO (HEREIN SOMETIMES BEING REFERRED TO AS "EXHIBIT") SHALL BE
DEEMED TO BE