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consideration paid to Seller with the execution of this Option <br /> Agreement shall constitute the initial earnest money under the <br /> Contract . Promptly upon receiving the Contract, the Seller shall <br /> execute both copies, shall obtain the written acknowledgement of <br /> John E. Weitzel and Dorothy E. Weitzel on page 7 of the Contract, <br /> and shall return one fully-executed copy to the Buyer. . The failure <br /> of Seller to execute and return a fully-executed copy of the <br /> Contract (with the John and Dorothy Weitzel acknowledgement) to the <br /> Buyer shall not affect its enforceability, and the Contract shall <br /> be binding upon and enforceable against the Seller in the same <br /> manner as if it had been executed by the Seller and returned to the <br /> Buyer . <br /> 4 . Rights and Obligations of Parties if Option is Exercised . <br /> In the event Buyer exercises the Option to Purchase within the <br /> time and in the manner provided in this Agreement, then the rights <br /> and obligations of Buyer and Seller with respect to the Property <br /> shall be governed by the Contract . <br /> 5 . Access . <br /> Seller grants Buyer, its agents , independent contractors and <br /> employees the right to enter the Property for the purpose of <br /> conducting Buyer ' s due diligence investigations and to otherwise <br /> inspect the Property for any purpose prior to exercising its <br /> option. Buyer shall minimize any interference with Seller' s <br /> operations on the Property . Buyer shall indemnify Seller against <br /> any liens or claims arising from Buyer' s access to the Property. <br /> 6 . Permitting and Re-zoning. <br /> Prior to exercising its option, Buyer shall be responsible for <br /> all applications and costs associated with obtaining all mining <br /> permits , re-zoning approval and any other final governmental <br /> approvals necessary for its intended use of the Property. Seller <br /> will cooperate in providing information and signing such documents <br /> as may be reasonably requested by Buyer for the permitting process <br /> and re-zoning process . However, Seller shall not be obligated to <br /> create or take on any liability in signing the documents . <br /> 7 . Memorandum of Option. <br /> Buyer may record a Memorandum of this Option Agreement. <br /> 8 . Addresses . <br /> The address of the Seller is 4116 Main Street, Timnath, <br /> Colorado 80547, and P. O. Box 116 , Timnath, Colorado 80547 . The <br /> address of the Buyer is 4305 East Harmony Road, Fort Collins , <br /> Colorado 80525 . <br /> 2 �vi-f <br />