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16. NOTICES
<br />Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given
<br />for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice
<br />is intended to be given at the address set forth on the signature page below, or at such other address as has been previously
<br />furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the
<br />U.S. Mail.
<br />BEAVER PARK WATER; INC
<br />209 Broadway
<br />Penrose, CO 8 ] 240
<br />PENROSE WATER DISTRICT
<br />Ron Gasser, District Mgr
<br />340 Grant St
<br />Penrose, CO 81240
<br />And
<br />Copy to:
<br />Bob Krassa, Esq
<br />Krassa & Miller, LLC
<br />2344 Spruce St, Suite A
<br />Boulder, CO 80302-4672
<br />Copy to:
<br />Steven P Jeffers, Esq
<br />Lyons Gaddis Kahn & Hall, PC
<br />515 Kimbark St
<br />PO Box 978
<br />Longmont, CO 80501
<br />Rocco F Meconi, 7r Esq
<br />Rocco F Meconi PC
<br />718 Main St
<br />Canon City, CO 81212
<br />17. EN'TII2E AGRE�ME�'T
<br />This document constitutes the entire agreement between the parties. It supersedes any prior agreements or understandings
<br />between the parties related to the right of Penrose to use Brush HoUow, and the rights of Beaver Park to use the Penrose-
<br />Arkansas Pipeline. However, this agreement is not intended to modify, amend or otherwise affect the Water Service
<br />Agreement between the parties dated March 6, 1990, as may be amended.
<br />18. BINDIIYG EF�ECT
<br />This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives,
<br />successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of
<br />this Agreement.
<br />19. SURVIVAL
<br />All representations and warranties of Beaver Park and Penrose, and the obligations of each party to be perforrned after
<br />Closing, shall survive the Closing.
<br />20. RECORDING OF AGRELMENT
<br />This Agreement shall be recorded by Penrose with the Fremont County Clerk and Recorder.
<br />21. REPRESENTATIONS OF BFAVER PARK
<br />Beaver Park hereby represents to Penrose that the facts recited below are true and accurate as of the date hereof and will be
<br />true and acourate on the Closing Date. If, prior to the Closing Date, Beaver Park discovers that one or more of such facts
<br />are untrue or inaccurate it will inform Penrose in writing of its discovery. In the event Beaver Park informs Penrose of any
<br />untrue or inaccurate facts, Penrose may, at its option, terminate this Agreement by notice in writing to Beaver Park, and
<br />Penrose shall be and is hereby authorized to obtain and retain the Earnest Money. It is expressly agreed that no Inspection
<br />by or on behalf of Penrose shall in any way modify, affect or diminish the representations and warranties of $eaver Park
<br />contained herein. In accordance with the immediately preceding sentences, Beaver Park represents to Penrose as follows:
<br />a. Beaver Park has good and marketable title to the "Property", subject to only those easements, restrictions and
<br />other matters of record to be attached as Eachibit B, and has full right, power and authority and has taken all requisite action
<br />to enter into this Agreement and to sell and convey the "Property" to Penrose as provided in this Agreement and to carry
<br />out its obligations as set forth hereunder.
<br />b. To the best of Beaver Park's knowledge, information and belief, there are no violations of any federal, state,
<br />county or municipal law, ordinance, order, regulation, or requirement affecting any portion of tbe "Property". Beaver Park
<br />has not received notice, written or otherwise, from any governmental or quasi-goveramental agency of any such violations,
<br />or requiring the correction of any condition with respect to the "Property", or any part thereof.
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