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9.6 Nonbusiness Dav. If the Closing Date is to occur on a holiday or other nonbusiness <br />day, or if any period of time set forth in this Agreement expires on a holiday or other <br />nonbusiness day, then such Closing Date or expiration date shall be the next business day. <br />9.7 Survival: Condition Precedent. The agreements, representations, covenants and <br />warranties contained in this Agreement or any amendment or supplement shall survive the <br />Closing and delivery of the deed and shall not be merged into the deed. <br />9.8 Brokers. Each party hereby represents and warrants that it has not engaged any real <br />estate broker or any other person or entity with respect to the sale of Patcel 2 hereunder. <br />9.9 Notices. Any notice which may be or is required to be given pursuant to the <br />provisions of this Agreement shall be delivered or sent by certified mail, postage pre-paid, return <br />receipt requested, and addressed to the recipient party at the address stated in the first paragraph <br />of this Agreement. If mailed, such notice shall be deemed to be delivered when deposited in the <br />U.S. mail as required herein, with postage thereon prepaid. Either party may change its address <br />for notice in a writing delivered pursuant to this Section. <br />9.10 Assimment. This Agreement shall not be assignable except to an affiliate of <br />Purchaser. <br />9.11 Recordine. At the request of Purchaser, Seller agrees to execute and deliver to <br />Purchaser for recording in the Routt County real property records a memorandum reciting the <br />general terms hereof. If Closing does not occur and this Agreement is terminated, Purchaser <br />shall deliver to Seller a quitclaim deed releasing the recorded memorandum. <br /> <br />APR 1 1 2003 <br />Diuisian of Minerals and Geology <br />- 14- <br />---; <br />.,. <br />r~ <br />