Example ContractsClausesMerce Apartments,knoll Trail Drive, Dallas County, Dallas, Texas
Merce Apartments,knoll Trail Drive, Dallas County, Dallas, Texas
Merce Apartments,knoll Trail Drive, Dallas County, Dallas, Texas contract clause examples

Hartman Three Forest Plaza, LLC, a Texas limited liability company (the “Company”), acquired that certain real property and improvements, commonly known as Three Forest Plaza and located at 12221 Merit Drive, Dallas, Texas 75251, Dallas County, Texas as more fully described on the attached Exhibit “A” (the “Property”), for a total purchase price of Thirty-Five Million Six Hundred Fifty Five Thousand and NO/100 Dollars ($35,655,000.00) pursuant to that certain Purchase and Sale Agreement dated effective as of November 22, 2016 (the “Purchase Agreement”);

CHOICE OF VENUE. If there is a lawsuit, and if the transaction evidenced by this Note occurred in Dallas County, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dallas County, State of Texas.

This appointment shall be construed in accordance with the Laws of the State of Texas, and venue for any proceeding hereunder shall lie exclusively in Collin County, Texas or Dallas County, Texas.

NON-EXCLUSIVE EASEMENT ESTATE, as created by that certain Reciprocal Grant of Access Easements executed by and between F.C. Associates, a Texas limited partnership, Two Forest Plaza, Ltd., a Texas limited partnership, and Forest Plaza Development Company, a Texas corporation, dated November 2, 1981, filed November 6, 1981 and recorded in Volume 81218, Page 1774, Real Property Records, Dallas County, Texas; as affected by Amendment to Reciprocal Grant of Access Easements dated March 12, 1982, filed March 22, 1982 and recorded in Volume 82058, Page 98, Real Property Records, Dallas County, Texas.

sole and exclusive appropriate venue for any such action shall be an appropriate federal or state court in Dallas County, Texas, and no other,

No Crude Petroleum will be accepted for transportation except merchantable Crude Petroleum which is properly settled and contains not more than one percent (1%) of basic sediment, water, and other impurities, and has a temperature not in excess of one hundred and twenty degrees (120°) Fahrenheit and its gravity, viscosity, pour point, and other characteristics are such that it will be readily susceptible to transportation through the Carrier’s existing facilities, and will not materially affect the quality of other shipments or cause disadvantage to other Shippers and/or the Carrier. Notwithstanding the preceding sentence, Carrier may at its discretion accept Crude Petroleum from Shipper that does not meet the foregoing specifications due to unusual circumstances, emergencies, or events of force majeure (such as sea storms or shut-in platforms). In such case, however, Shipper must notify Carrier fully in writing of the characteristics of such Crude Petroleum and Shipper shall then secure from the producer or connecting carrier or shall provide itself, in writing, to Carrier an assumption of all liability and agree to hold Carrier harmless from and against any loss, cost or disadvantage to other Shippers, and other pipelines, or to Carrier arising from such transportation. In addition, Carrier reserves the right to reject (any and all of, but not limited to) the following shipments: # Crude Petroleum having a Reid Vapor Pressure in excess of nine (9) pounds per square inch absolute and/or an API gravity in excess of 78.9°; and # Crude Petroleum where the Shipper or Consignee has failed to comply with applicable laws, rules, and regulations made by government authorities regulating shipment of Crude Petroleum. If Crude Petroleum is accepted from tankage, settled bottoms in such tanks must not be above a point four inches (4”) below the bottom of the pipeline connection with the tank from which it enters Carrier’s facilities.

Fieldnotes for 3.8582 acres of land, being all of Lot 2B, Block B/7736, Forest Plaza Addition, a subdivision in the M. J. Sanchez Survey, Abstract No. 1272, in Dallas County, Texas, the map or plat thereof recorded in Volume 95137, Page 1945 of the Map Records of Dallas County, and being that same 3.8582 acre tract of land conveyed to Massachusetts Mutual Life Insurance Company, and described as "Tract 1" in Substitute Trustee's Deed and Bill of Sale, recorded in Volume 2002044, Page 12364 of the Real Property Records of Dallas County, said 3.8582 acres of land being more particularly described by metes and bounds as follows:

The validity, interpretation, construction and performance of this Agreement and the Release and Waiver contained herein shall be governed by the laws of the State of Texas excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement and the Release and Waiver contained herein to the substantive law of another jurisdiction. To achieve certainty regarding the appropriate forum in which to prosecute and defend actions arising out of or relating to this Agreement, which the parties agree is a material condition of entering into this Agreement, the parties agree and acknowledge that # the sole and exclusive venue for any such action shall be an appropriate federal or state court in Dallas County, Texas, and no other, # all claims with respect to any such action shall be heard and determined exclusively in such Dallas County, Texas court, and no other, # such Dallas County, Texas court shall have sole and exclusive jurisdiction over the person of such parties and over the subject matter of any dispute relating hereto, and # that the parties waive any and all objections and defenses to bringing any such action before such Dallas County, Texas court, including but not limited to those relating to lack of personal jurisdiction, improper venue or forum non conveniens.

Executed at Dallas, Texas, this 29th day of July, 2016.

1 Date of Notice of Borrowing: To be submitted # prior to 1:00 p.m. (Dallas, Texas time) at least three (3) U.S. Government Securities Business Days' prior to each Borrowing of Loans if such Loans are to be initially Term Benchmark Loans; # prior to 12:00 p.m. noon (Dallas, Texas time) on the date of each Borrowing of Loans that are to be ABR Loans; # prior to 12:00 p.m. noon (Dallas, Texas time) at least three (3) U.S. Government Securities Business Days' prior to each Borrowing of Loans if such Loans are to be RFR Loans; or # prior to 3:00 p.m. (Dallas, Texas time) on the date of each Borrowing of Loans that are to be Swingline Loans.

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