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<br /> <br />d. In the event both parries elect to proceed with the Agreement, the damage <br />shall be repaired at the joint and equal expense of the parties. <br />36. Pending Liti aq tion. Aggregate has no knowledge of any pending disputes, actions, <br />litigation or administrative reviews which concern the Property, Aggregate's activities on the <br />Property or the associated water rights other than the pending Condemnation Action and water <br />rights adjudications commenced by Thornton or Aggregate for water storage rights on the <br />Property. <br />37. Compliance with Government Regulations. Aggregate warrants that there are no <br />orders, directives, complaints, or violation notices of any city, county, state or federal authority, <br />of any type related to the Property or Aggregate's work on the Property. <br />38. No Third Party Beneficiary. Nothing contained herein shall give rise to any rights <br />or allow any claim by any third party. It is the express Intention of the parties that any third party <br />receiving benefits from this Agreement shall be deemed an Incidental beneficiary only. <br />39. Governmental Immunity. The parties hereto understand and agree that the City of <br />Thornton, its officers, and its employees, are relying on, and do not waive or Intend to waive, by <br />any provision of this Agreement, any rights, protections, or privileges provided by the Colorado <br />Governmental Immunity Act, 24-10-101 C.R.S. et. seq., as it is from time to time amended, or <br />otherwise available toThomton, its officers, oremployees. However, Governmental Immunityshall <br />not be available or asserted by the City of Thornton as a defense to any of the contract remedies <br />available to Aggregate under this Agreement. <br />40. Additional Documents orAction. The parties shall execute any additional documents <br />and to take any additional action necessary to carry out this Agreement. <br />41. Time of Essence/Force Majeure. Time shall be of the essence with respect to <br />performance required under this Agreement. If the performance of any act required under this <br />Agreement is delayed by reason of fire, flood, acts of God, war, civil insunection, strike or any <br />other cause beyond the party's control, then the time for performance will be delayed a reasonable <br />amount of time considering the arcumstances causing the delay. <br />42. Entire Aoreement. This Agreement constitutes the entire understanding between <br />the panes with respect to the subject matter of this Agreement, and all prior agreements or <br />understandings shall be deemed merged in this Agreement. <br />43. No Oral Amendments or Modifications. No amendments or modifications of this <br />Agreement shall be made or deemed to have been made unless in writing, executed by the parties <br />to be bound hereby. <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 19 of 22 <br />