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9.2 Condemnation. In the event that any portion of the Subject Property is taken in <br />condemnation or under the right of eminent domain after the date of Seller's execution hereof <br />and before the Closing Date, this Agreement, at the option of Purchaser, may either: (a) be <br />declazed null and void and terminated, or (b) the proceeds received from such condemnation or <br />right of eminent domain proceeding shall be paid to Seller, and reduce the Purchase Price of the <br />Subject Property by the same amount. <br />9.3 Further Instruments. Each party hereto shall from time to time execute and deliver <br />such further instruments as the other party or its counsel or the Closing Agent may reasonably <br />request to effectuate the intent of this Agreement. <br />9.4 Headines. Article and Section headings used in this Agreement are for convenience <br />of reference only and shall not affect the construction of any provision of this Agreement. <br />9.5 Entire Agreement -Alteration or Amendment. The entire agreement of the parties <br />with respect to the Subject Property is herein written and the parties are not bound by any <br />agreements, understandings, conditions, or inducements not stated herein. No change, alteration, <br />amendment, modification or waiver of any of the terms or provisions hereof shall be valid unless <br />the same is in writing and signed by the parties hereto. <br />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 the Subject Property <br />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 Assignment. This Agreement shall not be assignable except to an affiliate of <br />Purchaser. <br />9.1 I Recording. 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 />-14- RECEIVED <br />APR 1 12003 <br />Division of Minerals and Geology <br /> <br />