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.� _ : - <br /> case the non-defaulting party may recover such damages as may be <br /> provided by law. In the event of default by either party, <br /> nothing herein shall be construed to prevent the non-defaulting <br /> party from requiring specific performance of this 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 /> cost of such proceeding, including reasonable attorneys fees. <br /> 16. The provisions of this agreement shall survive the <br /> closing and transfer of certificates representing the subject <br /> water rights. <br /> IN WITNESS WHEREOF, the parties have executed this agreement <br /> • in duplicate original counterparts the day and year first above <br /> written. • <br /> BUYER: SELLERS: <br /> THE CITY OF LOUISVILLE, THOMAS C. WOLLEY <br /> a Colorado municipal corporation <br /> HERMAN FAUSON, Mayor -- <br /> ATTEST: MARY ALICE BILLINGS <br /> Pamela Parris, City Clerk <br /> THE MARY ALICE BILLINGS TRUST <br /> By <br /> Mary A ice B ngs, Trustee <br /> By ... <br /> • , Trustee <br /> • <br /> -6- <br />