to the laws of the State of Kansas. The rule of law that a document is to be construed against the drafting party shall have no application to the interpretation of this Contract, as the parties acknowledge that this Contract is a result of negotiations between the parties and the consultation with counsel. Except as expressly provided herein to the contrary, this Contract may not be amended, supplemented or terminated, in whole or in part, except by written instrument signed by both parties. All rights privileges and remedies afforded the parties by this Contract shall be deemed cumulative and the exercise of one of such remedies shall not be deemed to be a waiver of any other right, remedy or privilege provided for herein. If any provisions of this Contract or the application thereof to any party or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Contract shall not be affected thereby and each provision of this Contract shall be valid and enforceable to the fullest extent permitted by law.
32.. Any notice or other communication required or permitted hereunder may be delivered in person, by certified mail or by facsimile to the address set forth in this Contract or such other address as shall be furnished in writing by any such party. Such notice or communication shall be deemed to have been given as of the date and time so delivered in person, or received by certified mail or by facsimile. Delivery to or receipt by the individual salesperson named in this Contract and representing a party's real estate brokerage agency shall constitute receipt by the party.
33.. Seller or Buyer shall be in default under this Contract, if either fails to materially comply with any covenant, agreement, or obligation within the time limits required by this Contract. Following a default by either Seller or Buyer under this Contract, the other party shall have the following remedies, subject to the provisions of paragraph 28 of this Contract:
a.If Seller defaults, Buyer may either (i) specifically enforce this Contract; or (ii) terminate this Contract by written notice to Seller and, at Buyer's option, pursue any remedy and damages available at law or in equity. If Buyer elects to terminate this Contract, the Earnest Money shall be returned to Buyer unless otherwise provided in this Contract.
b.If Buyer defaults, Seller may either (i) specifically enforce this Contract; or (ii) terminate this Contract by written notice to Buyer and, at Seller's option, either retain the Earnest Money as liquidated damages as Seller's sole remedy (the parties recognizing that it would be extremely difficult to ascertain the extent of actual damages caused by Buyer's breach, and that the Earnest Money represents as fair an approximation of such actual damages as the parties can now determine), or pursue any other remedy and damages available at law or in equity. If as a result of Buyer's default, Seller employs an attorney to enforce its rights, Buyer shall, unless prohibited by law, reimburse Seller for all reasonable attorneys' fees, court costs and other legal expenses incurred by Seller in connection with the default.
34.. It is understood that this paragraph refers to subsurface conditions not visibly apparent and would not be part of normal site preparation and excavation. It is recommended that Buyer obtain any tests pertaining to subsurface conditions to further reduce the likelihood of unexpected expenses. Buyer shall pay the cost of all such inspections. The purchase price herein stated is predicated upon no rock or shale being encountered while excavating or ditching, or any condition below the surface of the ground presenting problems due to the presence of springs or other water streams, or unexpected utility or sewer elevations, unstable soil or fill material, or any substantial movement of earth to or from the Premises, or any adverse environmental conditions. In the event that any such conditions are encountered, Seller agrees to notify Buyer of said conditions prior to correcting said conditions, and Buyer shall either pay to Seller the additional out of pocket costs in connection therewith, or make other arrangements to remedy or abate such conditions at Buyer's expense.
35.. See attached Warranty Addendum.
36.. Buyer acknowledges that the Premises may be subject to Homeowners' Association dues, which may be subject to adjustment at the sole discretion of the Homeowners' Association (as provided for in the Homeowners' Association Declaration.)
37.. Kansas law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your home. Ninety days before you file your lawsuit, you must deliver to the contractor a written notice of any construction conditions you allege are defective and provide your contractor the opportunity to make an offer to repair or pay for the defects. You are not obligated to accept any offer made by the contractor. There are strict deadlines and procedures under state law, and failure to follow them may affect your ability to file a lawsuit.