THE
10
drafting of this Agreement and that, accordingly, in any construction to be made
of this Agreement, it shall not be construed for or against any party, but
rather shall be given a fair and reasonable interpretation, based on the plain
language of the Agreement and the expressed intent of the parties.
25.
JURISDICTION.
THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
THE SETTLING PARTIES HEREBY CONSENT TO THE JURISDICTION OF THE 116TH DISTRICT
COURT FOR DALLAS COUNTY, FOR THE RESOLUTION OF ANY AND ALL CLAIMS AND DISPUTES
ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT.
26.
SURVIVAL OF REPRESENTATIONS AND WARRANTIES.
EACH OF THE SETTLING PARTIES AGREES AND STIPULATES THAT IT IS RELYING UPON THE
REPRESENTATIONS AND WARRANTIES AND COVENANTS SET FORTH HEREIN IN ENTERING INTO
THIS AGREEMENT, AND THAT THESE REPRESENTATIONS AND WARRANTIES AND COVENANTS
SHALL SURVIVE THE EXECUTION OF THIS AGREEMENT.
27.
AUTHORITY.
EACH OF THE SETTLING PARTIES
REPRESENTS AND WARRANTS THAT IT, SHE, OR HE HAS FULL AUTHORITY AND POWER TO
ENTER INTO, EXECUTE, DELIVER AND PERFORM THIS AGREEMENT AND TO BIND ITS, HER, OR
HIS RESPECTIVE SETTLING PARTIES, AND THAT THE PERSON SIGNING BELOW ON BEHALF OF
EACH SUCH SETTLING PARTY IS AUTHORIZED TO DO SO.
THE DEATON RELATED ENTITIES
WILL DELIVER APPROPRIATE AUTHORIZING DOCUMENTS CONTEMPORANEOUSLY WITH THEIR
EXECUTION OF THIS AGREEMENT. THE SETTLING PARTIES FURTHER AGREE THAT, UPON THE
OCCURRENCE OF THE CONDITIONS TO EFFECTIVENESS CONTAINED HEREIN, THIS AGREEMENT
WILL CONSTITUTE A LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE IN ACCORDANCE
WITH ITS TERMS.
28.
EXECUTION.
THIS AGREEMENT MAY BE EXECUTED
IN ONE OR MORE COUNTERPARTS, AND AS SO EXECUTED SHALL CONSTITUTE AN AGREEMENT
BINDING ON ALL THE SETTLING PARTIES, NOTWITHSTANDING THAT ALL PARTIES ARE NOT
SIGNATORIES TO THE ORIGINAL OR THE SAME COUNTERPART.
THE SETTLING PARTIES AGREE
THAT A SIGNATURE SENT BY FACSIMILE TO COUNSEL FOR THE SETTLING PARTIES SHALL
HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL SIGNATURE.
29.
INADMISSIBILITY.
IF THIS AGREEMENT DOES NOT
BECOME EFFECTIVE FOR ANY REASON, IT SHALL BE DEEMED NEGOTIATION FOR SETTLEMENT
PURPOSES ONLY AND WILL NOT BE ADMISSIBLE IN EVIDENCE OR USABLE FOR ANY PURPOSE
WHATSOEVER.
30.
BREACH OF THIS AGREEMENT.
THE PARTIES
HERETO AGREE THAT THE DAMAGES SUFFERED BY ANY PERSONS, FIRMS, CORPORATIONS OR
OTHER ENTITIES PROTECTED BY THIS AGREEMENT BY REASON OF ANY BREACH OF ANY
PROVISION OF THIS AGREEMENT SHALL INCLUDE NOT ONLY THE AMOUNT OF ANY JUDGMENT
THAT MAY BE RENDERED AGAINST SUCH SAID PERSONS, FIRMS, CORPORATIONS OR OTHER
ENTITIES, OR ANY OF THEM, BY REASON OF A BREACH OF THIS AGREEMENT, (INCLUDING
WITHOUT LIMITATION UNDER THE PROVISIONS OF SECTION 11) BUT SHALL ALSO INCLUDE
ALL DAMAGES SUFFERED BY THEM, INCLUDING THE COSTS, ATTORNEYS' FEES AND OTHER
COSTS AND EXPENSES OF INSTITUTING, PREPARING, PROSECUTING OR DEFENDING ANY
ACTION OR SUIT RESULTING FROM A BREACH OF THIS AGREEMENT, WHETHER TAXABLE OR
OTHERWISE, AND THE COST TO THEM OF ATTORNEYS' FEES, AND ALL OTHER COSTS AND
EXPENSES OF INSTITUTING, PREPARING, OR