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t <br /> - • • <br /> .+ 1 <br /> 10. The benefits of this agreement and the burdens <br /> hereunder shall respectively inure to and be binding upon the <br /> heirs, successors, assigns, and personal representatives of the <br /> parties hereto. <br /> 11. No amendment or 'modification of this agreement shall be <br /> of any force or effect uaies• in writing and executed by the <br /> parties hereto. <br /> 12. Time is of the essence hereof, and if any payment or <br /> other condition hereof is not ■ade, tendered or performed by <br /> either the Hller or the Purchaser as herein provided, then this <br /> contract, at the option of the party who is not in default, any <br /> be terminated by such party. in which case the non-defaulting <br /> party any recover such damages as may be proper. In the event of <br /> default by the Purchaser, any payments made hereunder shall be <br /> retained by the Seller as liquidated deluges. In the event of <br /> default by the Seiler, nothing herein shall be construed to <br /> prevent the Purchaser from requiring specific performance of this <br /> * contract. <br /> 13. If any judicial proceeding may hereafter be brought to <br /> enforce any of the provisions hereof, including an action for <br /> damages, the prevailing party shall be entitled to recover the <br /> costs of such proceeding including reasonable attorney's fees. <br /> IM WIMSU tremor, the parties have executed this agreement <br /> in duplicate original counterparts the day and year first above <br /> written. <br /> I <br /> rose 1 .sus SILLiss <br /> MI CITY or LwvISVIL1.s, <br /> • Colorado uunicipal corporation <br /> L .. <br /> *orbert a. ii rer, mayor c <br /> 1 <br /> J AT'TUUT s <br /> Pawn Terris. City Clark <br /> t <br /> -3- <br />