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35. Defendants' breach of the Contract and Amendments thereto has <br />caused Plaintiff damages in an amount to be established at trial. <br />WHEREFORE, Plaintiff demands judgment against Defendant as set forth below. <br />Second Claim for Relief <br />(Breach of the Duty of Good Faith and Fair Dealing) <br />36. By this reference, Plaintiff repeats and incorporates the averments <br />contained in Paragraphs 1 through 35 of the Complaint as fully as if set forth herein <br />verbatim. <br />37. Colorado law implies a covenant of good faith and fair dealing in all <br />contracts, including the Contract. <br />38. The implied common purpose of the contract was for the Property to <br />be reclaimed to allow industrial development. <br />39. Plaintiff had a reasonable expectation that Defendant would reclaim <br />the Property to allow industrial development. <br />40. Defendant breached the duty of good faith and fair dealing by inter alia, <br />failing to reclaim the Property to the specifications of the Final Drainage Plan, which <br />would allow for maximum area of industrial development. <br />41. Defendants' actions in violation of the implied covenant of good faith <br />and fair dealing have caused Plaintiff damages in an amount to be established at trial. <br />Third Claim For Relief <br />(Promissory Estoppel) <br />42. By this reference, Plaintiff repeats and incorporates each and every <br />averment contained in Paragraphs 1 through 41 of this Complaint as if set forth <br />herein verbatim. <br />43. Defendant promised Plaintiff that it would reclaim the Property in <br />compliance with the Final Drainage Plan and to the Fill Elevation indicated on the <br />Memorial Pole by December 2014 if Plaintiff created a final drainage plan by <br />September of 2014. <br />44. Defendants should have reasonably expected that these promises <br />would induce Plaintiff to incur costs to create a final drainage plan. <br />R <br />