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2.13. Certification. Superior shall at the time of closing certify in writing to Louisville that <br />the representations and warranties contained in Section 2.12 remain true and correct as of the date of <br />closing, or Superior shall certify which representations and warranties no longer remain true and <br />correct. In the event Superior certifies that one or more representations and warranties is no longer true <br />and correct, Louisville, at its sole option, may complete the transaction notwithstanding such <br />certification or may. upon written notice to Superior, declare this Agreement terminated, whereupon all <br />earnest money and any other monies or things of value received hereunder shall be immediately <br />returned to Louisville, and both Parties shall be released herefrom. <br /> <br /> 2.14. Default and Remedies. The following rights and remedies shall apply with respect to <br />any default under this Agreement: <br /> <br />2.14.1. <br /> <br />In the event that either Party defaults in making or performing any obligation <br />provided for in this Agreement, the other party shall give written notice of the <br />default by mailing or delivering same to the defaulting party. If the default is <br />not cured within thirty (30) days after mailing the notice, then the non- <br />defaulting party shall have the right to pursue whatever remedies are <br />available under this Agreement and Colorado law including, but not limited <br />to, specific performance. <br /> <br />2.14.2. <br /> <br />Notwithstanding anything is subsection 2.14.1 to the contrary, if any annual <br />payment due under Louisville's Windy Gap allotment contract is not timely <br />made by Louisville, Superior may, in its sole discretion, declare Louisville to <br />be in default of this Agreement. <br /> <br />2.14.3. <br /> <br />Upon declaration of a default by Louisville for failure to timely make its <br />annual payment due under its Windy Gap allotment contract, Louisville shall <br />reconvey to Superior any portion of the Six Units of Windy Gap Water for <br />which Louisville has not fully paid the amounts due. In the event of a <br />termination pursuant to this subsection 2.14.3, Louisville shall have the right <br />to cure for a period of 90 days from the date of the declaration of default, <br />upon payment of all amounts due. In the event of the exercise of the right to <br />cure by Louisville, this Agreement shall be reinstated in its entirety. <br /> <br />2.14.4. <br /> <br />The provisions of this Section 2.14 shall be applicable to any additional <br />defaults which may occur subsequent to any exercise of the right to cure <br />provided herein. <br /> <br /> 2.15. Additional Remedies. In addition to all other rights and remedies of Louisville and <br />Superior as set forth and provided for in this Agreement, Louisville shall have the right to terminate this <br />Agreement and to make the same of no further force and effect in the event any action whatsoever is <br /> <br />8 <br /> <br /> <br />