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<br />of Thomton. Thomton warrants that Thomton is a home rule municipal corporation duly <br />organized, validly existing and In good standing under the laws of the State of Colorado; has the <br />right, power, and legal capacity to enter into and perform its obligations under this Agreement and <br />the documents to be executed and delivered pursuant hereto; and the execution and delivery of <br />this Agreement and such documents and the performance and observance of their terms, <br />conditions, and obligations have been duly and validly authorized by all necessary action on its part <br />to make this Agreement and such documents and such performance and observance valid and <br />binding upon Thomton. <br />34. Authority of Aooreoate. Aggregate warrants that Aggregate is a corporation duly <br />organized, validly existing and in good standing under the laws of the State of Indiana; is qualified <br />to transact business in the State of Colorado; has the right, power, and legal capacity to enter into <br />and perform its obligations under this Agreement and the documents to be executed and delivered <br />pursuant hereto; and the execution and delivery of this Agreement and such documents and the <br />performance and observance of their terms, conditions, and obligations have been duly and validly <br />authorized by all necessary action on its part to make this Agreement and such documents and <br />such performance and observance valid and binding upon Aggregate. Aggregate further warrants <br />that Aggregate was formerly known as CAMAS Coloredo, Inc. and Cooley Gravel Company. <br />35. Casualty Damaoe. If, before Closing, the Property is materially damaged by fire, <br />flood or other casualty and such damage cannot be repaired by Aggregate within one hundred <br />eighty (180) days: <br />a. Thomton may elect to (i) terminate this Agreement by giving notice to <br />Aggregate of such election within one hundred eighty (180) days of the <br />casualty event, or (ii) continue this Agreement despite such damage. If <br />Thomton elects to terminate the Agreement under this paragraph, either the <br />provisions of Paragraph 29(a) or 29(b) shall apply atThomton's sole option. <br />b. Aggregate may elect to (i) terminate this Agreement by giving notice to <br />Thomton of such election within one hundred eighty (180) days of the <br />casualty event, or (ii) continue this Agreement despite such damage. If <br />Aggregate elects to terminate the Agreement under this paragraph, either <br />the provisions of Paragraph 29(a) or 29(b) shall apply at Thomton's sole <br />option. <br />c. Within thirty (30) days after the casualty event, Aggregate shall advise <br />Thomton of Aggregate's reasonable estimate of the cost to repair such <br />damage. <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 18 of 22 <br />