12. Severability - The invalidity of any portion of this Agreement will not and shall not
be deemed to affect the validity of any other provision. If any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
13. No Waiver - The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement or the waiver of any
breach of any of the terms and conditions of this Agreement, shall not be construed as
subsequently waiving any such terms and conditions, but the same shall continue and
remain in full force and effect as if no such forbearance or waiver had occurred.
14. Governing Law - This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Texas.
15. Notices - Any notice provided for or concerning this Agreement shall be in writing
and shall be deemed sufficiently given when sent by certified or registered mail if sent to
the respective address of each party as set forth at the beginning of this Agreement.
16. Attorney’s Fees - In the event that any lawsuit is filed in relation to this Agreement,
the unsuccessful party in the action shall pay the successful party, in addition to all
the sums that either party may be called on to pay, a reasonable sum for the successful
party’s attorney fees.
17. Mandatory Arbitration - Any dispute under this Agreement shall be required to be
resolved by binding arbitration of the parties hereto. If the parties cannot agree on an
arbitrator, each party shall select one arbitrator, and both arbitrators shall select a
third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be
governed by the rules of the American Arbitration Association, then in force and effect.
18. Entire Agreement - This Agreement shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding upon either party except to the extent
incorporated in this Agreement.
20. Modification of Agreement - Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if placed in writing and signed by each party or an authorized representative of
21. Assignment of Rights - The rights of each party under this Agreement are
personal to that party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the other
*In this contract, any reference to a party includes that party’s heirs, executors,
administrators, successors, and assigns singular includes plural and masculine includes
WITNESS our signatures as of the day and date first above stated.