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<br />move forward with the Condemnation Action, Aggregate hereby waives any and all rights it may <br />have to dispute Thomton'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 Thomton's continued <br />possession of the properties, and the amount deposited to obtain such immediate possession. The <br />amount of just compensation to be awarded in such action shall be the amount set forth as the <br />Purchase Price in Paragraph 6 of this Agreement if such action is brought within two (2) years of <br />the date of this Agreement. If there is a default by Aggregate subsequent to Closing regarding one <br />of the Post Closing Conditions orAgreements, Thornton's remedies will be limited to (a) proceeding <br />with the Agreement as if no default had occurred, or (b) seeking specific performance of this <br />Agreement and damages. <br />27. Defaults by Thomton. If there is any default by Thornton under this Agreement <br />at or prior to Flnal Closing, Aggregate may, (a) terminate this Agreement, in which case either the . <br />provisions of Paragraph 29(a) or 29(c) shall apply at Aggregate's sole option; (b) proceed with the <br />Agreement as if no default had occurred; or, (c) seek specific performance of this Agreement. <br />28. 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 26 <br />and 27 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 />29. 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 />a. 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 />b. Aggregate will refund any moneys deposited, paid or received, from, by or <br />through Thomton, to Thomton, the parties will enter into a Stipulation <br />dismissing the Condemnation Action, each side to pay their own costs and <br />attorneys' fees, and Aggregate will waive any right to claim any damages, <br />costs or expenses due to the abandonment of the Condemnation Action. <br />c. Aggregate will retain any moneys deposited, paid or received, from, by or <br />through Thomton, the parties will enter into a Stipulation dismissing the <br />Condemnation Action, each side to pay their own costs and attorney's fees, <br />and Aggregate will waive any right to claim any damages, costs or expenses <br />due to the abandonment of the Condemnation Action. <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 16 of 22 <br />