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r . B 1309 REC 0226!5 08/30/91 OB:59 ~'~0 3/011 F 1193 MARY ANN 't ERSTEIN CLERK & RECORL.jf. lELD CO, CO effect and Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 8. Possession of said Parcel(s) shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except those items listed in the attached "Exhibit 8". 9. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, cond_tions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or written agreement to which Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 10. In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Daed, Purchaser may elect to terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11. All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said Parcel(s) by warranty deed as outlined !n paragraph 2 above, and shall not merge with said warranty Deed. 12. Sellers shall transfer one share of Rural Dltch Company water which shall be included in the consideration mentioned on page 1 of this Agreement.' 13. Seller agrees to apply for and cooperate in pursuing amendments to Use by Sp°ciai Review Pernits Nos. 636 and 489 at the same time that Purchaser applies for the Use by Special Review Permit for the parcel described in the attached Exhibit A, but in any event, no later than November 1, 1991. Said amendments shall exclude the area purchased by Purchaser and described in said Exhibit A. Purchaser will assist Seller in preparing said application(s). 14. Seller shall retain the right to lease the property described in Exhibit A far Farming and grazing until Purchaser begins mining or sells said property. The Lease for said gra~inq shall be executed simultaneously with this agreement. As consideration for said lease, Seller shall maintain all weeds in Page 3 of 5 Pages