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6. POSSESSION.Possession of the premises and possession of the water shares shall be delivered <br /> to the COUNTY at closing. <br /> 7. CLOSING. "Closing" as that term is used in the context of this contr4all occur upon <br /> agreement of the parties, but in no event later than March 30, 2016, unless the pra44IM� h-##Wly agree to <br /> extend the date thereof. <br /> 8. DEFAULT. Time is of the essence hereof. If any check received as earnest money hereunder or <br /> any payment due hereunder is not paid,honored or tendered when due,or if any obHgat provided in <br /> this contract is not performed there shall be the following remedies: <br /> (a) IF COUNTY IS IN DEFAULT, (1)THOMECZEK may elect to treat this contract as <br /> terminated,and all things of value received hereunder shall be retained by THOMECZEK. <br /> (b) IF THOMECZEK IS IN DEFAULT,(1)The COUNTY may elect to treat this contract <br /> as terminated,and all things of value provided hereunder shall be returned to the COUNTY. <br /> (c) In the event of any litigation arising out of this contract,the Court may award to the <br /> prevailing party all reasonable costs and expenses,including a reasonable attorney's fee. <br /> 9. CLOSING COSTS. Except as otherwise provided herein, the COUNTY shall pay all closing <br /> costs incurred in connection with the execution of this contract and closing provided for hereunder. <br /> 10. ENTIRE AGREEMENT. The promises and conditions of this contract constitute the entire <br /> agreement by and between THOMECZEK and the COUNTY, and are intended to supersede all previous <br /> agreements,either verbal or written,between THOMECZEK and the COUNTY with respect to this sale and <br /> purchase. <br /> 11. INUREMENT. This contract shall be binding and shall inure to the benefit of the heirs, <br /> devisees,personal representatives,successors in interest,and assigns of THOMECZEK and the COUNTY. <br /> 12. COUNTERPART. This contract may be executed in counterpart. <br /> IN WITNESS�,�W� HEREOF,THOMECZEK and the COUNTY have hereunto placed their hands to <br /> q <br /> this contract on the�day of Femnry-,2016. <br /> joQrHoRfczEK <br /> BENT COUNTY,COLORADO A <br /> POLITICAL SUBDIVISION OF <br /> THE STATE OF COLORADO <br /> By: BILL LONG,Cha' an <br /> Bent County Board of Commissioners <br /> ATTEST: <br /> PATTI NICKELL, <br /> Bent County Clerk and Recorder <br />