Common use of Ancillary Provisions of this Contract Clause in Contracts

Ancillary Provisions of this Contract. This Contract and the attached Exhibit A constitute the entire agreement between the Parties, supersede all representations, notices, advertisements, bids, agreements, memoranda and correspondence between, by or for the Parties relating to the Property, and shall be construed in accordance with the laws of the Commonwealth of Kentucky. No amendment or modification of this Contract shall be binding unless made in writing. Waiver by either party or performance by the other party of any of the provisions of this Contract shall not be construed as a waiver of any further right to insist upon full performance of the terms of this Contract. No adjustment in the Purchase Price shall later be made for any variances in acreage from that set forth in the deeds described on Exhibit A; and the Purchase Price shall be construed as a lump sum amount paid for the Property as described in Exhibit A. Each xxxxx shall be entitled to insist strictly upon the timeliness of performance by the other Xxxxx of the other Party’s obligations. Each Party hereby indemnifies and holds harmless the other Party from all claims for commissions, fees, expenses and liability of any broker, agent or finder, or person claiming to such, by or through such indemnifying Party. Neither Xxxxx shall record this Contract. Neither Party shall assign this Contract, or any of rights hereunder, without the prior written consent of the other Xxxxx, except to their affiliates, subsidiaries or parent companies. Any such assignment or attempted or purported assignment shall be void as to the other Party and, moreover, shall constitute a material breach of this Contract. If Sellers breach this Contract, Buyer’s remedy shall be limited to enforcing specifically this Contract. If Buyer breaches this Contract, Sellers may recover Seller’s damages. If the parties do not execute this Contract contemporaneously, then the party first executing and delivering this Contract to the other shall be deemed to have made an offer to enter into this Contract which shall be irrevocable for a period of ninety (90) days following the date of such execution. This offer may be accepted by the other party by executing this Contract and delivering an executed copy to the first xxxxx.

Ancillary Provisions of this Contract. This Contract and the attached Exhibit A constitute the entire agreement between the Parties, supersede all representations, notices, advertisements, bids, agreements, memoranda and correspondence between, by or for the Parties relating to the Property, and shall be construed in accordance with the laws of the Commonwealth of Kentucky. No amendment or modification of this Contract shall be binding unless made in writing. Waiver by either party or performance by the other party of any of the provisions of this Contract shall not be construed as a waiver of any further right to insist upon full performance of the terms of this Contract. No adjustment in the Purchase Price shall later be made for any variances in acreage from that set forth in the deeds described on Exhibit A; and the Purchase Price shall be construed as a lump sum amount paid for the Property as described in Exhibit A. Each xxxxx party shall be entitled to insist strictly upon the timeliness of performance by the other Xxxxx Party of the other Party’s obligations. Each Party hereby indemnifies and holds harmless the other Party from all claims for commissions, fees, expenses and liability of any broker, agent or finder, or person claiming to such, by or through such indemnifying Party. Neither Xxxxx Party shall record this Contract. Neither Party shall assign this Contract, or any of rights hereunder, without the prior written consent of the other XxxxxParty, except to their affiliates, subsidiaries or parent companies. Any such assignment or attempted or purported assignment shall be void as to the other Party and, moreover, shall constitute a material breach of this Contract. If Sellers breach this Contract, Buyer’s remedy shall be limited to enforcing specifically this Contract. If Buyer breaches this Contract, Sellers may recover Seller’s damages. If the parties do not execute this Contract contemporaneously, then the party first executing and delivering this Contract to the other shall be deemed to have made an offer to enter into this Contract which shall be irrevocable for a period of ninety (90) days following the date of such execution. This offer may be accepted by the other party by executing this Contract and delivering an executed copy to the first xxxxxparty.