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Robert B. Emerson <br /> March 8, 1994 <br /> Page 3 <br /> With respect to Exhibit B, Section l.e, we agree to the <br /> proposal in your February 22 letter, and therefore suggest that the <br /> section be revised as follows: <br /> Within sixty (60) days from the date that this contract <br /> is fully executed, (i) Purchaser shall obtain permission <br /> or otherwise satisfy itself that permission will be <br /> granted for access under such terms and conditions as are <br /> acceptable to Purchaser across the D&RGW railroad right- <br /> of-way in at least one location acceptable to Purchaser, <br /> so that Purchaser may extend a street across the railroad <br /> right-of-way from the south of the railroad right-of-way <br /> to the subject property; (ii) Purchaser shall waive the <br /> foregoing condition; or (iii) Seller, at its election, <br /> may terminate this contract. <br /> While I do not think it is necessary for the contract to discuss <br /> backup contracts, I am writing to confirm my understanding that the <br /> Town has no objection to Resources entering into backup contracts <br /> that would become effective upon the failure of the contract with <br /> the Town, either as a result of failure of the right-of-way <br /> condition, Bankruptcy Court disapproval of the contract with the <br /> Town, or failure of some other condition. <br /> With respect to Exhibit B, Section l.g, is there any <br /> progress by the Towns engineer in determining whether it is <br /> necessary to have water drain onto the adjacent property? If the <br /> drainage pond remains necessary, we suggest the following for <br /> Section l.g: <br /> Within sixty (60) days from the date that this contract <br /> is fully executed, the owner of the property adjacent to <br /> the subject property, on which a pond is located that <br /> collects drain water and surface runoff from the subject <br /> property, shall provide a written easement in a form <br /> satisfactory to Purchaser, allowing such drain water and <br /> surface runoff onto such adjacent property. Purchaser <br /> shall agree to maintain such easement. <br /> With respect to Exhibit B, Section l.h, we would like to <br /> change the existing deadline for a survey to 30 days from date of <br /> contract execution. <br /> We also suggest the following addition to Exhibit B: <br /> No Brokers or Finders. Seller and Purchaser each <br /> represent that no broker or finder has been engaged in <br /> connection with the sale of the subject property, and <br />