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50. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement, and all prior agreements or understandings shall be deemed merged in this Agreement. 51. No Oral Amendments or Modifications. No amendments or modifications of this Agreement shall be made or deemed to have been made unless in writing, executed by the parties to be bound hereby. 52. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and permitted assignees. 53. Captions for Convenience. All headings and captions used herein are for convenience only and are of no meaning in the interpretation of this Agreement. 54. Applicable Law. This Agreement shall be interpreted and enforced according to the laws of the State of Colorado. Any action brought with respect to this Agreement shall be brought and maintained in the Adams County District Court, State of Colorado. 55. Costs of Leoal Proceedinos. In the event that any party institutes legal proceedings with respect to this Agreement, to the extent permitted by law the prevailing party shall be entitled to recover, in addition to any other relief to which it is entitled, its costs and expenses incurred in connection with such legal proceedings, but not including attorney fees. This clause shall not apply to the continuation of the Condemnation Action if such becomes necessary. The costs, expenses and attorney fees related to the continuation of the condemnation actions shall be governed by applicable Colorado eminent domain law and rules of the court. 56. Exhibits Incorporated. All exhibits to this Agreement are incorporeted herein and made a part of this Agreement as if fully set forth herein. 57. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one agreement. 58. Brokers. Each party states to the other parties that each party has not engaged or utilized the services of a broker in connection with this transaction, and that no person or entity is entitled to a commission for any brokerage, marketing or sales services rendered relating to this transaction. 59. Agreement Not Severable. The provisions herein relating to the settlement of the Condemnation Action and the purchase of the Property are not severable from each other. In Hammer Option & Purchase Agreement December 11, 2000 Page 26 of 29