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CONDEMNATION <br /> <br />16. <br /> <br />(i) Condemnation of the Entire Property Which is the <br />Subject of This Agreement <br /> <br /> If another governmental entity or agency exercises its powers <br />of eminent domain to acquire title to all of the Property which <br />Purchasers have the right to purchase pursuant to this Agreement, <br />Purchasers shall, in such event, release their rights and option to <br />purchase as to the Property so condemned and shall make no claim as <br />to the monies paid for the Property so taken by the condemning <br />authority. In the event of such a condemnation, the money so paid <br />by the condemning authority for the Property so taken shall be and <br />become the sole and separate Property of Seller. The provisions of <br />this Paragraph shall not be construed, however, as precluding or <br />preventing Purchasers from condemning any property which they are <br />statutorily authorized to condemn. <br /> <br />(ii) Condemnation of a Portion of the Property Which is The <br /> Subject of This Agreement <br /> <br /> If another governmental entity or agency exercises its powers <br />of eminent domain to acquire title to a portion of the Property <br />which is the subject of this Agreement, the Purchasers shall still <br />retain the rights granted under this Agreement as to such of the <br />Property described in Exhibit A which is not taken by the <br />condemnation. In such event, the portion of the Property which is <br />not condemned shall remain subject to the terms of the Agreement. <br />The purchase price of the portion of the Property remaining subject <br />to this Agreement shall be determined by dividing the total <br />purchase price for the Property by the total acreage of the <br />Property. <br /> <br />TAX CONSEQUENCES <br /> <br /> 17. Seller acknowledges that neither Purchasers, nor any of <br />their agents or attorneys have made any representations as to the <br />tax treatment to be accorded to this Agreement or to any proceeds <br />thereof by the Internal Revenue Service under the Internal Revenue <br />Code or by the tax officials of the State of Colorado under <br />Colorado tax law. <br /> <br />AGREEMENT TO SURVIVE CLOSING <br /> <br /> 18. The parties hereto agree that, except for such of the <br />terms, conditions, covenants and agreements hereof which are, by <br />their very nature fully and completely performed upon the closing <br />of the purchase-sale transactions herein provided for, all of the <br />terms, conditions, representations, warranties, covenants and <br />agreements herein set forth and contained shall survive the closing <br /> <br />FINGRU PURCHASE AGREEMENT - 11 - <br /> <br /> <br />