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C~ <br />C~ <br />viii. Aggregate shall not be relieved of any liability, claims, demands, or <br />other obligations assumed pursuant to this Agreement or under the <br />Permits by reason of its failure to procure and maintain insurance, <br />or by reason of its failure to procure or maintain insurance in <br />sufficient amounts, durations, or types. <br />Defaults <br />34. Defaults by Aagreoate. If there is any default by Aggregate under this Agreement <br />at or prior to Closing, Thornton shall have the right to (a) terminate this Agreement in which case <br />the provisions of either Paragraph 37(a) or 37(b) shall apply at Thomton's sole option; (b) proceed <br />with the Agreement as if no default had occurred; or (c) seek specific performance of this <br />Agreement. Should, after default by Aggregate, Thornton elect to terminate this Agreement and <br />move forward with the Condemnation Action, Aggregate hereby waives any and all rights it may <br />have to dispute Thornton's authority to condemn the properties, the necessity of the acquisitions, <br />the sufficiency of the negotiations, the jurisdiction of the Courts, the right to Thornton's continued <br />possession of the properties, and the amount deposited to obtain such immediate possession. If <br />there is a default by Aggregate subsequent to Closing regarding one of the Post Closing Conditions <br />or Agreements, Thornton's remedies will be limited to (a) proceeding with the Agreement as if no <br />default had occurred, or (b) seeking specific performance of this Agreement and damages. <br />35. Defaults by Thornton. If there is any default by Thornton under this Agreement <br />at or prior to Final Closing, Aggregate may (a) terminate this Agreement, in which case the <br />provisions of either Paragraph 37(a) or 37(c) shall apply at Aggregate's sole option; (b) proceed <br />with the Agreement as if no default had occurred; or, (c) seek specific pertormance of this <br />Agreement. <br />36. Notification of Default and Cure. Notice of any default under this Agreement shall <br />be given to the defaulting party by the non-defaulting party. The defaulting party shall have <br />twenty (20) days to cure any such default before any of the remedies identified in Paragraphs 34 <br />and 35 are available to the non-defaulting party, provided that the period for curing any such <br />default shall be extended for a reasonable period of time if the defaulting party is proceeding with <br />all reasonable diligence to cure the default. <br />37. Termination of Agreement. If this Agreement is terminated pursuant to its own <br />terms, one of the following will result as specified in the termination provision: <br />The parties will resume the Condemnation Action at the point at which it <br />was put in abeyance and either party may notify the Court that the <br />settlement has failed and that rescheduling of the valuation trial is required; <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 22 of 29 <br />