ADDITIONAL TERMS & CONDITIONS
1. Payments. All payments made by Purchaser to Seller shall be applied first to Late Fees, if any, and then to the Purchase Price.
2. Payment in Full. No interment right or any other rights shall pass to Purchaser, and no interment shall be made in Seller’s property, nor any memorial placed thereon, until all amounts owing under this Agreement have been fully paid.
3. Cancellation and Default. If any payment is not made within ten (10) days after its due date, Seller may declare a default and send Purchaser written notice with ten (10) days to cure. If the default remains uncured, Seller may cancel this Agreement. Upon cancellation, you shall forfeit all rights herein and, other than the payment refund addressed above, Seller shall be relieved from all further responsibilities and liabilities under this Agreement. Seller’s acceptance of late payments or the waiver of any breach of a term, condition or provision of this Agreement shall not constitute a waiver of any subsequent breach. Exercise of any one or more remedies against one or more of you will not prevent us from pursuing any other remedy or remedies against any one or more of Purchasers in the future. If Seller does not act on any default, Seller does not forfeit its right to later treat that type of event as a default.
4. Rules and Regulations. All interment and Plot rights are subject to all existing and future rules and regulations that are adopted from time-to-time by Seller or enforced by the State of Texas. Such rules and regulations govern all aspects of the presence, conduct and activities of all persons while on the property of Seller, in addition to other aspects of the operation of the cemetery.Page 2 of 3The rules and regulations are on file in the offices of Seller and are available for examination by Purchaser at any reasonable time.
5. Property Under Construction. PURCHASER ACKNOWLEDGES AND AGREES THAT INTERMENT AND PLOT RIGHTS ARE OR MAY BE UNDER DEVELOPMENT AND THAT THE RIGHT OF INTERMENT PURCHASED HEREUNDER WILL ACCORDINGLY NOT BE GRANTED UNTIL DEVELOPMENT IS COMPLETE, BUT IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER IF INTERNMENT AND PLOT RIGHTS ARE NOT COMPLETED BY THIS APPROXIMATE SCHEDULE. IN THE EVENT PURCHASER REQUIRES INTERNMENT PRIOR TO SUCH DATE THAT THE PLOT IS AVAILABLE, SELLER SHALL REFUND ALL FUNDS PAID BY PURCHASER AND SHALL AUTOMATICALLY RECLAIM THE RIGHT OF INTERMENT AND PLOT SOLD HEREUNDER UPON PAYMENT OF SUCH REFUND.
6. Rights of Seller. Seller retains full and absolute authority to determine the design, type, size and location of all buildings, roads, features and improvements within the cemetery and to grade and improve the cemetery and all of the lots and spaces, including those in which interment rights have been purchased herein, and to place, replace or remove trees, shrubberies and landscaping in and around those lots and spaces in which interment or scattering rights have been purchased herein.
7. Warranty Disclaimer. SELLER MAKES NO AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE RIGHTS CONTEMPLATED BY THIS AGREEMENT OR DELIVERED TO PURCHASER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER BUYS THE RIGHTS HEREIN ON AN AS-IS, WHERE-IS BASIS.
8. Inability to Perform; Ability to Correct Errors. In the event Seller cannot perform any of its obligations under this Agreement because of a labor dispute, strike, terror event, insurance, mob, riot, pandemic, war, order of military or civil authority, order of any court or any other cause beyond its reasonable control or because of any unforeseen contingency, or Purchaser's misrepresentation or fraud related to this Agreement, or because of any mistake of Seller, any of its affiliates, or any of their respective officers, agents or employees in the description, location or availability of an interment or Plot right, this Agreement may be rescinded by the refund to Purchaser of all funds paid by Purchaser under this Agreement. Neither Purchaser, Seller, any affiliate of Seller, nor any of their respective heirs, officers, members, agents or employees shall thereafter have any rights, obligations or liability arising out of this Agreement. Seller shall have the right to correct errors made within a reasonable amount of time after discovery, to the extent permitted by law.
9. Mutual Agreement to Arbitrate. Any controversy, dispute or claim arising out of or relating to this Agreement, or the breach or enforcement of this Agreement, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. Notices. All notices, requests, or other communications required or permitted to be made under or related to this Agreement shall be in writing and delivered by certified mail and/or email to the other party at such party’s last known address and/or email. Purchaser shall inform Seller in writing of any change in Purchaser’s address or email.
11. Entire Agreement. This Agreement contains the entire agreement between Purchaser and Seller, and supersedes all prior and contemporaneous agreements, representations and promises. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by Purchaser and by an officer or authorized agent of Seller. The parties acknowledged that they have not relied on any representations not specifically contained herein.