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• ~ 26. Halsnes has incurred actual and consequential damages for such breach. WHEREFORE, Halsnes demands that More be required to specifically perform the Lease(Purchase Option and an awazd of damages (actual and consequential) in an amount to be determined at trial; or, in the alternative, that if specific performance is not granted, Halsnes have judgment against More for the value of the Real Property, together with pre- and-post-judgment interest and costs; and such other and further relief as the Court deems just and proper. SECOND CLAIM FOR RELIEF (Declaratory Judgment) 27. Halsnes incorporates each allegation set forth above as if set forth verbatim herein. 28. Pursuant to the written agreement between the parties, Halsnes has been authorized on behalf of More to proceed with the application for a special use peanit with Routt County. 30. The Lease/Purchase Option did not contain a provision permitting More to unilaterally terminate the authorization for Halsnes to proceed with the special use permit application. 31. It is uncleaz whether More intended to terminate Halsnes' authority to prosecute the application. 32. Halsnes is ready, willing and able to proceed with the special use permit application. WHEREFORE, Halsnes prays for a declaratory judgment against More declaring that Halsnes has been authorized by More to proceed to prosecute the special use permit application with the Routt County Regional Planning Department and that More shall execute any and all documents necessary to instruct the Routt County Regional Planning Department to accept materials and instructions from Halsnes, and for such other further relief as the Court deems just and proper. THIRD CLAIM FOR RELIEF (Breach of Contract- Covenant of Good Faith and Fair Dealing) 33. Halsnes incorporates each allegation set forth above as if set forth verbatim herein. 34. In every contract, there exists between the parties, the duty to deal fairly and in good faith with each other.