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00059 0 <br /> of any certification or payment made under this Agreement. If any payment made <br /> under this Agreement is incorrect by more than six (6) percent (e.g., Blooming <br /> Grove was paid $100 but should have been paid $107), all of Blooming Grove's <br /> costs for such auditing shall be reimbursed by J & H. <br /> (c) J & H shall pay all costs and expenses (including reasonable <br /> attorneys' fees) paid or incurred by Blooming Grove in collecting any payments <br /> due under this Agreement. <br /> (d) Delinquent payments shall accrue interest at 12%per annum from the <br /> due date, until paid. <br /> 4. Assignment. J & H shall not convey, sell, or transfer all or any part of the <br /> Property, nor assign this Agreement, without the prior written consent of Blooming Grove, <br /> provided, however,that upon 60 days written notice, J & H may transfer the Property and <br /> assign this Agreement to a partnership or corporation 100% of whose issued and <br /> outstanding interests or stock is owned by J & H if such entity acknowledges and assumes <br /> this Agreement and J & H's duties and obligations hereunder, and such entity has the <br /> ability, both financially and operationally, to comply with the terms of this Agreement. <br /> Consent given by Blooming Grove to any one assignment shall not be deemed to be a <br /> consent given with respect to any other assignment. <br /> 5. Notice of Approval and Execution. Upon approval and execution of this <br /> Agreement, Blooming Grove shall give written notice to the Dane County Zoning and <br /> Natural Resources Committee of such approval and execution. <br /> 6. Conditions and Restrictions Run with the Property. J & H agrees that the <br /> conditions and restrictions set forth in this Agreement shall run with the Property during <br /> the term of the Agreement, shall be binding upon J & H and its assigns, heirs and <br /> successors, and shall be enforceable by Blooming Grove. Blooming Grove shall have the <br /> right to enforce this Agreement by commencement of an action in Dane County Circuit <br /> Court. <br /> 7. Clay, Topsoil, Clean Fill Removal Only. Only clay, topsoil and clean fill <br /> (the "Minerals") shall be removed from the Property. The removal of such Minerals shall <br /> be done only in conformance with the conditions and restrictions set forth in this <br /> Agreement. No other minerals, gravel, or rock shall be removed from the Property. <br /> H:\WIP19531\341AG.C13H <br /> 0310981719 3 <br /> .__._....T. <br />