Problem
307 S.W.3d 816 (2010)WOOD CARE CENTERS, INC., Appellant, v. EVANGEL TEMPLE ASSEMBLY OF GOD OF WICHITA FALLS, TEXAS, Appellee.No. 2-08-300-CV.
Court of Appeals of Texas, Fort Worth.
February 18, 2010.Rehearing Overruled April 1, 2010.Reconsideration En Banc Overruled April 1, 2010.
A. Wood Care argues the trial court improperly considered parol evidence in its interpretation of the Agreement and that the evidence is legally and factually insufficient to support the trial court's conclusion that Evangel Temple did not breach the Agreement. We affirm. ( give a definition of parol evidence in your explanation.)
B. The Agreement contained a "ten-percent termination clause" that stated: Tenant, however, shall have the option of terminating this lease at any time by giving Landlord written notice of its election to do so and payment to Landlord of a sum of money equal to 10% of the balance of the rental payments then owed under the terms of this lease. The Agreement also contained a "tax-exemption termination clause" that stated: Both parties agree to cooperate with each other to achieve any available property tax exemption. In the event a property tax exemption for the leased premises is denied or suspended, Tenant shall have the option to terminate this lease. If, notwithstanding, the denial of such property tax exemption, Tenant elects to continue the lease, then Tenant shall be responsible for the payment of all property taxes and assessments and shall timely pay such taxes or assessments.
C. Lack of clarity or a disagreement among the parties does not necessarily create an ambiguity.
D. Who won and why.