Common use of In Texas Clause in Contracts

In Texas. Section V To Obtain Service, is amended as follows: For any non‐emergency, service will be initiated within 48 hours and completed as soon as reasonably possible • The following statements have been added: o This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at XX Xxx 00000, Xxxxxx, XX 00000, phone # 512‐936‐3049. The purchase of a home warranty contract is optional and similar coverage may be purchased through other residential companies or insurance companies authorized to transact business in Texas. o Throughout this Agreement, Agreement will be replaced with Contract. NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES‐CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE. SIGNATURE In Utah: • Section V To Obtain Service, #1 is amended as follows: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of the Administrator. You may engage Your own licensed repair provider without prior authorization. Emergency repair is defined as a failure that creates a risk to health or property and that such failure requires an immediate repair be made. SAMPLE • Section VII Limit of Liability and Conditions, #11.H is replaced with the following: Repairs or replacements caused by pre‐existing conditions, defects or deficiencies that occurred prior to the effective date of the Agreement. • Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. • Section VII Limit of Liability and Conditions, # 15 is amended as follows: Binding Arbitration: Any matter between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney’s fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. There is no time limit to request arbitration. • Section VIII Cancellation of This Agreement, is amended to include the following: We can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel the Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (c) substantial breaches of contractual duties, conditions, or warranties. • The following statements have been added: o This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contract the Utah Insurance Department. o Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. In Wisconsin: • Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. • Section VII Limit of Liability and Conditions, # 15 deleted in its entirety. • Section VIII Cancellation of This Agreement, # 1 is replaced with the following: You may cancel the Agreement by calling Us at X.X. Xxx 00000, Xxxxxxx, XX 00000 Phone # ‐ 1‐800‐341‐3624. Cancellation becomes effective at the end of the current month of coverage. • Section VIII Cancellation of This Agreement, # 4 is replaced with the following: In the event of cancellation within the first thirty (30) days of the receipt of this Agreement, You will be refunded the full Agreement price.

In Texas.  Section V To Obtain Service, is amended as follows: For any non‐emergency, service will be initiated within 48 hours and completed as soon as reasonably possible •  The following statements have been added: o This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at XX Xxx 00000, Xxxxxx, XX 00000, phone # 512‐936‐3049. The purchase of a home warranty contract is optional and similar coverage may be purchased through other residential companies or insurance companies authorized to transact business in Texas. o Throughout this Agreement, Agreement will be replaced with Contract. NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES‐CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE. SIGNATURE In Utah: •  Section V To Obtain Service, #1 is amended as follows: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of the Administrator. You may engage Your own licensed repair provider without prior authorization. Emergency repair is defined as a failure that creates a risk to health or property and that such failure requires an immediate repair be made. SAMPLE •  Section VII Limit of Liability and Conditions, #11.H is replaced with the following: Repairs or replacements caused by pre‐existing conditions, defects or deficiencies that occurred prior to the effective date of the Agreement. •  Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. •  Section VII Limit of Liability and Conditions, # 15 is amended as follows: Binding Arbitration: Any matter between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney’s fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. There is no time limit to request arbitration. •  Section VIII Cancellation of This Agreement, is amended to include the following: We can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel the Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (c) substantial breaches of contractual duties, conditions, or warranties. •  The following statements have been added: o This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contract the Utah Insurance Department. o Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. In Wisconsin: •  Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. •  Section VII Limit of Liability and Conditions, # 15 deleted in its entirety. •  Section VIII Cancellation of This Agreement, # 1 is replaced with the following: You may cancel the Agreement by calling Us at X.X. Xxx 00000, Xxxxxxx, XX 00000 Phone # ‐ 1‐800‐341‐3624. Cancellation becomes effective at the end of the current month of coverage. •  Section VIII Cancellation of This Agreement, # 4 is replaced with the following: In the event of cancellation within the first thirty (30) days of the receipt of this Agreement, You will be refunded the full Agreement price..  Section VIII Cancellation of This Agreement, is amended to include: If We choose to non‐renew, We will give sixty (60) days notice to You. We can only change the rate upon renewal. We will give sixty (60) days notice for any rate increase of 25% or more.  The following statements have been added:

In Texas. Section V To Obtain Service, is amended as follows: For any non‐emergency, service will be initiated within 48 hours and completed as soon as reasonably possible • The following statements have been added: o This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at XX Xxx 00000, Xxxxxx, XX 00000, phone # 512‐936‐3049. The purchase of a home warranty contract is optional and similar coverage may be purchased through other residential companies or insurance companies authorized to transact business in Texas. o Throughout this Agreement, Agreement will be replaced with Contract. NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES‐CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE. SIGNATURE In Utah: • Section V To Obtain Service, #1 is amended as follows: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of the Administrator. You may engage Your own licensed repair provider without prior authorization. Emergency repair is defined as a failure that creates a risk to health or property and that such failure requires an immediate repair be made. SAMPLE • Section VII Limit of Liability and Conditions, #11.H is replaced with the following: Repairs or replacements caused by pre‐existing conditions, defects or deficiencies that occurred prior to the effective date of the Agreement. SAMPLE • Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. • Section VII Limit of Liability and Conditions, # 15 is amended as follows: Binding Arbitration: Any matter between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney’s fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. There is no time limit to request arbitration. • Section VIII Cancellation of This Agreement, is amended to include the following: We can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel the Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (c) substantial breaches of contractual duties, conditions, or warranties. • The following statements have been added: o This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contract the Utah Insurance Department. o Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. In Wisconsin: • Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. • Section VII Limit of Liability and Conditions, # 15 deleted in its entirety. • Section VIII Cancellation of This Agreement, # 1 is replaced with the following: You may cancel the Agreement by calling Us at X.X. Xxx 00000, Xxxxxxx, XX 00000 Phone # ‐ 1‐800‐341‐3624. Cancellation becomes effective at the end of the current month of coverage. • Section VIII Cancellation of This Agreement, # 4 is replaced with the following: In the event of cancellation within the first thirty (30) days of the receipt of this Agreement, You will be refunded the full Agreement price.

In Texas.  Section V To Obtain Service, is amended as follows: For any non‐emergency, service will be initiated within 48 hours and completed as soon as reasonably possible •  The following statements have been added: o This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at XX Xxx 00000, Xxxxxx, XX 00000, phone # 512‐936‐3049. The purchase of a home warranty contract is optional and similar coverage may be purchased through other residential companies or insurance companies authorized to transact business in Texas. o Throughout this Agreement, Agreement will be replaced with Contract. NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES‐CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE. SIGNATURE In Utah: •  Section V To Obtain Service, #1 is amended as follows: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of the Administrator. You may engage Your own licensed repair provider without prior authorization. Emergency repair is defined as a failure that creates a risk to health or property and that such failure requires an immediate repair be made. SAMPLE •  Section VII Limit of Liability and Conditions, #11.H is replaced with the following: Repairs or replacements caused by pre‐existing conditions, defects or deficiencies that occurred prior to the effective date of the Agreement. • SAMPLE  Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. •  Section VII Limit of Liability and Conditions, # 15 is amended as follows: Binding Arbitration: Any matter between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney’s fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. There is no time limit to request arbitration. •  Section VIII Cancellation of This Agreement, is amended to include the following: We can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel the Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (c) substantial breaches of contractual duties, conditions, or warranties. •  The following statements have been added: o This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contract the Utah Insurance Department. o Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. In Wisconsin: •  Section VII Limit of Liability and Conditions, #11, the following has been added: Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. •  Section VII Limit of Liability and Conditions, # 15 deleted in its entirety. •  Section VIII Cancellation of This Agreement, # 1 is replaced with the following: You may cancel the Agreement by calling Us at X.X. Xxx 00000, Xxxxxxx, XX 00000 Phone # ‐ 1‐800‐341‐3624. Cancellation becomes effective at the end of the current month of coverage. •  Section VIII Cancellation of This Agreement, # 4 is replaced with the following: In the event of cancellation within the first thirty (30) days of the receipt of this Agreement, You will be refunded the full Agreement price..  Section VIII Cancellation of This Agreement, is amended to include: If We choose to non‐renew, We will give sixty (60) days notice to You. We can only change the rate upon renewal. We will give sixty (60) days notice for any rate increase of 25% or more.  The following statements have been added: