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428 b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments and things of <br />429 value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to <br />430 treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. <br />431 c. Costs and Expenses. In the event of any arbitrafion or litigation relating to this contract, the arbitrator or court shall <br />a3z awazd to the prevailing party all reasonable costs and expenses, including attorney and legal fees. <br />a33 21. MEDIATION. If a dispute arises relating to this contract prior to or after closing, and is not resolved, the parties shall <br />434 first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial <br />a35 person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisiotts. The parties <br />436 to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediatorand will <br />437 share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire <br />a38 dispute is not resolved within 30 calendaz days of the date written notice requesting mediation is sent by one party to the other <br />439 at the party's last known address. This section shall not alter any date in this contract, unless otherwise ageed. <br />440 22. EARNEST MONEY DISPUTE. In the event of any controversy regazding the Earnest Money and things of value <br />441 (notwithstanding any termination of this contract or mutual written instmctions), Earnest Money Holder shall not be required <br />442 ro take any action. Earnest Money Holder may await any proceeding, or aY its option and sole discretion, interplead all parties <br />443 and deposit any money or things of value into a tour of competent jurisdiction and shall recover court costs and reasonable <br />444 attorney and legal fees. <br />4a5 23. TER11-IINATION. In the event this contract is terminated, all payments and things of value received hereunder shall <br />446 be returned and the parties shall be relieved of all obligations hereunder, subject to §§ lOd, 21 and 22. <br />447 24. ADDITIONAL PROVISIONS. (T'he following additional provisions have not been approved by the Colorado Real <br />448 Esmte Commission.) <br />449 <br />4s0 <br />4s1 <br />4s2 <br />453 <br />454 <br />ass t gayer agrees to increase the earnest iilaney deposit to a fatal of <br />456 <br />as7 upon DMGs approval of buyers intended use of the property. <br />458 <br />as9 2 This contract is strictly contingent upon Snowcap Goal getting an <br />„ afio <br />461 agreement from Fontanari to expand the easement on the property to be <br />a62 all inclusive in uses. <br />463 <br />464 <br />ass 3. Seller agrees to lease the premises to Buyer from January 1, 2005, unril <br />ash the date of closing, but not later than June 15, 2005, for the sum of one <br />~$ dollar. <br />469 <br />470 4. Purchase price shall include all of the buildings and personal property on <br />471 the roperty, excluding rolling stock. The surplus transformers located <br />a72 p <br />473 neaz the training building shalt be removed from the property by Seller. <br />474 <br />47s <br />476 <br />477 <br />478 <br />479 <br />480 <br />481 <br />No. CBSL7.04: CONTIUCT T4 BUY AND SmbREALESI'g7'B (COMMERCLII,) Psge9 orn <br />Ini4a1 <br />