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<br />44. Bindino Effect. This Agreement shall be binding upon and inure to the benefit of <br />the parties hereto and their respective successors, and permitted assignees. <br />45. Captions for Convenience. All headings and captions used herein are for <br />convenience only and are of no meaning in the interpretation of this Agreement. <br />46. Applicable Law. This Agreement shall be interpreted and enforced according to the <br />laws of the State of Colorado. Any action brought with respect to this Agreement shall be brought <br />and maintained in the Adams County District Court, State of Colorado. <br />47. Costs of Leoal Proceedings. In the event that either party institutes legal <br />proceedings with respect to this Agreement, to the extent permitted by law the prevailing party <br />shall be entitled to recover, in addition to any other relief to which it is entitled, its costs and <br />expenses incurred in connection with such legal proceedings, but not Including attomey fees. This <br />clause shall not apply to the continuation of the Condemnation Action if such becomes necessary. <br />The costs, expenses and attomey fees related to the continuation of the condemnation actions <br />shall be governed by applicable Colorado eminent domain law and rules of the court. <br />48. Exhibits Incorporated. All exhibits to this Agreement are incorporated herein and <br />made a part of this Agreement as if fully set forth herein. <br />49. Counterparts. This Agreement may be executed in counterparts, each of which <br />shall constitute an original, but all of which, when taken together, shall constitute but one <br />agreement. <br />50. Brokers. Each party states to the other parry that each party has not engaged or <br />utilized the services of a broker in connection with this transaction, and that no person or entity <br />is entitled to a commission for any brokerage, marketing or sales services rendered relating to this <br />transaction. <br />51. Agreement Not Severable. The provisions herein relating to the settlement of the <br />Condemnation Action and the purchase of the Property are not severable from each other. In <br />order for either the Condemnation Action settlement or the purchase of the Property to occur both <br />must occur. <br />52. Survival of Provisions. Any provisions of this Agreement which require observance <br />or performance 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 />North Dahlla <br />Purchase Agreement <br />December 11, 2000 <br />Page 20 of 22 <br />