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<br />wellfield so as not to intertere with the operations of Thornton or the <br />Reservoir. <br />e. If Aggregate uses the northernmost portion of the Property for the disposal <br />of fines rather than as part of the Reservoir, that portion of the Property will <br />be excluded from the Property and not conveyed by Aggregate to Thornton <br />at Closing. <br />9. Purchase Price. The total Purchase Price for the Property shall be determined by <br />multiplying the total acre feet of Usable Water Storage Capacity by Two Thousand Six Hundred <br />Dollars ($2,600.00). <br />10. P_yment of Purchase Price. The Purchase Price is to be paid at Closing in <br />immediately available funds pursuant to the terms of this Agreement. <br />11. Allocation Of Purchase Price. Within sixty (60) days of the determination of the final <br />Purchase Price, Aggregate shall allocate (the "Allocation's the total Purchase Price between <br />amounts received in exchange for the Reservoir and amounts received in exchange for services <br />performed to prepare the Reservoir for sale to Thomton (the "Service Fee's. The Allocation shall <br />be made solely by Aggregate, without any approval necessary from Thornton. <br />In determining the amount of the Service Fee, Aggregate shall determine <br />the fair market value of the services rendered to Thomton in preparing the <br />Reservoir. Aggregate shall not take into account those services which are <br />normally incident to mining. <br />b. In addition, services may be performed in addition to those for which <br />Thomton is obligated to Aggregate under this Agreement to pay for at cost. <br />Such amounts shall also be treated as payment for services not incident to <br />normal mining received by Aggregate. <br />c. Amounts payable underthis Agreement pursuantto Paragraph 10, excluding <br />those amounts treated as the Service Fee pursuant to this Paragraph, are <br />intended to be treated as the proceeds from the sale of the Property under <br />the threat or imminence of condemnation, pursuant to Section 1033 of the <br />Internal Revenue Code of 1986 (as amended). <br />12. Taxes and Assessments Due or Claimed. The parties acknowledge that Aggregate <br />has and will continue to pay real properly taxes on the Properly until Closing and the taxes on the <br />Property for the year of Closing shall be prorated as determined by the Treasurer of Adams County <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 5 of 29 <br />