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<br />RE.AL ESTATE COMMISSION <br /> <br />24. No party to this Contract has engaged the services of any real estate agent and no <br />commission is owed by any party in this transaction. <br /> <br />PROPERTY TO REMAIN UNENCUMBERED <br /> <br />25. Seller agrees that Seller will not, so long as this Contract is in effect, encumber or <br />burden the Property. <br /> <br />NO DEVELOPMENT <br /> <br />26. Seller agrees that during the term ofthis Contract and through the date of delivery of <br />possession of the Property to Purchaser, Seller shall not develop the Property in any manner, <br />including without limitation, constructing any improvements or erecting any structures on the <br />Property, leasing mineral rights for the Property, or disturbing the surface of the Property, except for <br />routine maintenance ofthe Property. <br /> <br />:fAX CONSEQUENCES <br /> <br />27. Seller acknowledges that neither the Purchaser, nor any of its agents or attorneys <br />have made any representations as to the tax treatment to be accorded to this Contract or to any <br />proceeds thereof by the Internal Revenue Service under the Internal Revenue Code or by the tax <br />officials of the State of Colorado under Colorado tax law. <br /> <br />AGREEMENT TO SURVIVE CLOSING <br /> <br />28. The parties hereto agr1ee that, except for such of the terms, conditions, covenants, and <br />agreements hereof which are, by their very nature fully and completely performed upon the closing <br />of the purchase-sale transactions herein provided for, all of the terms, conditions, representations, <br />warranties, covenants, and agreements herein set forth and contained, shall survive the closing of <br />any purchase-sale transaction herein provided for and shall continue after said closing to be binding <br />upon and inure to the benefit of the parties hereto, their successors and assigns. <br /> <br />NOTICE <br /> <br />29. Whenever notice is required to be given hereunder, it shall be in writing and <br />delivered by hand delivery or facsimile transmission to the party entitled thereto or mailed to the <br />party entitled thereto, by registered or certified mail, return receipt requested. If delivered, said <br />notice shall be effective and complete upon delivery. If faxed, said notice shall be effective and <br />complete upon completion of facsimile transmission (as evidenced by transmission receipt). If <br />mailed, said notice shall be effective and complete upon mailing. Until changed by notice in <br />writing, notice shall be given as follows: <br /> <br />12 <br />