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(C) Dismissal of all claims in the Litigation, with prejudice including <br />release and satisfaction of any documents filed upon the public record impairing <br />any real property or other legal interest of the Seller, without exception. <br />It being the intent of Halsnes and Seller by such actions to waive all claims or rights to <br />damages, costs and the Subject Property that were asserted or obtained in the Litigation <br />and instead to rely solely upon this Agreement, the contemplated settlement agreement . <br />and the agreement to be reached between Purchaser and Halsnes regarding the Subject <br />Property. <br />RECEIVED <br />APR 1 12003 <br />Division of Minerals and Geology <br />(c) Seller and Purchaser will each use diligent efforts to attempt to obtain its <br />respective described agreement with Halsnes. However, neither party warrants that it will be <br />able to reach such an acceptable agreement, which in each case is understood to be conditioned <br />upon obtain required agreements from Halsnes. Failure to obtain the required agreement with <br />Halsnes, despite diligent and good faith efforts, although constituting a failure of a condition to <br />Purchaser's obligation to proceed to Closing, does not constitute a default by either party under <br />this Agreement. <br />5.3 Other Conditions to Closine. The following additional obligations of Seller and other <br />conditions must occur or be complied with as a condition for Purchaser to be obligated to close <br />the purchase and sale of the Subject Property. <br />(a) Title Commitment. Immediately after the Effective Date; a preliminary <br />title commitment along with a certificate of taxes due for the Subject Property ("Title <br />Commitment") shall be ordered from the Title Company by Seller and Seller shall deliver a copy <br />of the Title Commitment to Purchaser upon its receipt. 'The Title Commitment shall commit to <br />insure over or delete the standard exceptions related to mechanics liens and survey matters <br />(including encroachments, unrecorded easements, boundary discrepancies, shortage of area, <br />possession by others and the like). Legible copies of all instruments referenced or giving rise to <br />exceptions or requirements in the Title Commitment ("Title Documents") shall also be supplied <br />to Purchaser within 30 days after the Effective Date. Within 30 days after receipt by Purchaser <br />of the Title Commitment and the last of the Title Documents required hereunder (or within 10 <br />days after any required Title Document is received by Purchaser, if later), Purchaser shall notify <br />Seller and the Title Company of any restrictions, reservations, limitations, easements, liens, <br />and/or conditions of record (together collectively called "Title Defects") disclosed in the Title <br />Commitment which are objectionable to Purchaser. Should Purchaser so notify Seller of any <br />such Title Defects, Seller shall have sixty (60) days after receiving Purchaser's objection to cure <br />or remove the Title Defects. If Purchaser fails to notify Seller of any such Title Defects within <br /> <br />