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<br />order for either the Condemnation Action settlement or the purchase of the Property to occur both <br />must occur. <br />60. Survival of Provisions. Any provisions of this Agreement which require observance <br />or pertormance subsequent to the applicable date of Closing, including representations, warranties <br />and indemnities shall continue in force and effect following the Closing and execution and delivery <br />of the Deed. <br />61. Notices. Notices required or permitted under this Agreement shall be in writing, <br />shall be given to the following by personal delivery, United States Certified Mail, Return Receipt <br />Requested, nationally recognized overnight courier (for example Federal Express) or facsimile <br />transmission. Notice shall be effective and deemed delivered as follows: Personal delivery -upon <br />receipt; certified mail postage prepaid -upon date shown on return receipt; overnight courier.- <br />upon receipt; and facsimile transmission -upon evidence that facsimile was received by recipient's <br />fax or other telecommunications machine. <br />Thornton: City Manager <br />City of Thornton <br />9500 Civic Center Drive <br />Thornton, Colorado 80229; and, <br />City Attorney <br />City of Thomton <br />9500 Civic Center Drive <br />Thornton, Colorado 80229 <br />Aggregate: President <br />Aggregate Industries - WCR <br />3605 South Teller Street <br />Lakewood, CO 60235; and, <br />R. Gregory Stutz <br />Stutz, Miller & Urtz, LLC <br />1660 Lincoln Street, Suite 2850 <br />Denver, CO 80264 <br />Either party hereto may designate in writing from time to time the address of substitute or <br />supplementary persons to receive such notices. The effective date of service of any notice shall <br />be the date such notice is deposited in the mail or hand delivered to Aggregate or Thornton. <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 27 of 29 <br />