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the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one
<br />hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is authorized to return the Earnest
<br />Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time
<br />of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the
<br />obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract.
<br />24. TERMINATION.
<br />24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the
<br />termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written
<br />notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or
<br />before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory
<br />and waives the Right to Terminate under such provision. Any Notice to Terminate delivered after the applicable deadline specified
<br />in the Contract is ineffective and does not terminate this Contract.
<br />24.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder must be timely
<br />returned to Buyer and the parties are then relieved of all obligations hereunder, subject to §§ 10.4. and 21.
<br />25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified
<br />addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining
<br />thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms
<br />of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or
<br />obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same.
<br />Any successor to a party receives the predecessor's benefits and obligations of this Contract.
<br />26. NOTICE, DELIVERY AND CHOICE OF LAW.
<br />26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in
<br />§ 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or
<br />notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing
<br />must be received by the party, not Broker or Brokerage Firm).
<br />26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or
<br />Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker
<br />working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not
<br />Broker or Brokerage Firm) at the electronic address of the recipient by facsimile or email.
<br />26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address
<br />of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the
<br />documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient.
<br />26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with
<br />the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property
<br />located in Colorado.
<br />27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and
<br />Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before
<br />Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and
<br />Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such
<br />copies taken together are deemed to be a full and complete contract between the parties.
<br />28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited
<br />to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance,
<br />Record Title and Off -Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due
<br />Diligence and Source of Water.
<br />29. ADDTIONAL PROVISION. All closing costs, including title policy, to be paid for by the Buyer.
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