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purchase date, and that the sale of the Weldon Valley Ditch Company Sha,res does not violate any of the <br />respective Weldon Valley Ditch Company's Bylaws, and that the sale is otherwise authorized under the <br />respective Weldon Va11ey Ditch Company's Articles of Incorporatioq Rules and Bylaws. Within <br />days of the date of this agreement, Seller sha11 provide to Buyer a eopy of any and all documents in his <br />possession or reasonably available to him related to title to the Weldon Valley Ditch Company's shares. <br />Purchaser shall have a right to investigate title and any other issues relating to his right to use these Weldon <br />Valley Ditch Company Shares. If Purchaser discovers any unsatisfactory title conditions, or limitaxions <br />upon his right to use the Weldon Valley Ditch Company Shares, he shall provide written notice of the <br />defects to Seller within days of receipt of the title documents provided for above. Following <br />said notice, Seller shall have a right to cure thE defects within days. If Seller fails or is unable to <br />cure said defects, Buyer may elect to treat this contract as canceled, in which case all payments and things <br />of value received hereunder shall be return� and buyer may recover such damages as may be proper, or <br />Buyer may eiect to treat this contract �s being in full force and effect and Buyer shall have the right to <br />specific performance or damages, or both. <br />8. Commission. The parties represent and warrant to each other thax no other person or entity is <br />entitled to any fee or commission relating to this ira.nsaction based upon an agreement with the respective <br />party and Sellers and Purchaser each indemnify and hold the others harn►less &om and against any claim <br />for fees or commissions based on an agreement or alleged agreement with the indemnifying party. <br />9. Default. In the event of default by either party hereto (other than a default in Purchaser's payment <br />obligations as set forth herein) the non-defaulting party sha11 give the other party days notice <br />specifying the default and demanding that the default be cured. If the defaulting party has not, by the end <br />of said day norice period, substantially cured the default giving rise to the notice of <br />default, the non-defaulting pazty may pursue all remedies at law or equity, including specific performance. <br />If Purchaser defaults in its payment obligations hereunder, and said default is not cured within <br />days from the date of notice thereof, Sellers may pursue all remedies available to them at law or equity. <br />10. `�N 'ces. All notices required to be given shall be deemed giv�n upon deposit in the United States <br />mail, certified mail, return receipt requested, postage prepaid, properly addressed to the person or entity to <br />whom directed as follows: <br />Seller: James Hoke <br />Seller: Rache, LLC <br />1020 9�` St. #202 <br />Greeley, CO 80631 <br />Buyer: 3T Cattle Company, Inc. <br />P.O. Box 88 <br />Fort Morgan, CO 80701 <br />11. Amendment. Neither this Agreement, nor the obli�ations of any parry hereto may be amended <br />without the written consent of all of the parties hereto. <br />12. Entire A�reement. This Agreement supersedes and controls a11 prior and contemporaneous <br />written and oral agreements and representaxions of the parties and, together with the Escrow Agreement <br />and documents in escrow, is the total agreement among the parties governing the matters provided for <br />herein. <br />l3. H in s. The paragraph numbering and headings herein are inserted for convenience of <br />reference only and do not define, limit or prescribe the scope of this Agreement. <br />14. Binding Agreement — Recording This Agreement is binding upon the parties hereto, and their <br />respective heirs, successors and assigns. This Agreement may be recorded by Purchaser or by Sellers, at <br />the expense of the party recording this Agreemem. <br />15. Severabilitv. In the event that any provision of this Agreement is held to be invalid, illegal or <br />unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby <br />and sha11 continue to be valid and enforceable and, if for any rea.son, a court finds that any provision of this <br />