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• 7 . Right-of-Way. The Zieglers will convey to Burke, and Burke will accept and acquire, on the commencement date of this Agreement, the easterly twenty-seven ( 27) feet (along Reiner Road) of the NE 1/4 of SE 1/4 of Section 26, Town 8N, Range 10E, Town of Burke, Dane County, Wisconsin on the terms and subject to the conditions set forth on the State Bar of Wisconsin Form 3, attached as Exhibit D. .L.G 0 Deposit. The Zieglers shall deposit with Burke, on the commencement date of this Agreement, the sum of $50,000 in cash ( "Deposit" ) to be held in trust and refunded by Burke to the Zieglers pursuant to the terms of this Agreement. Income earned by the Deposit shall not be held in trust as part of the Deposit and shall be retained by Burke. At all times Burke shall remain liable to the Zieglers for full refund of the Deposit to the Zieglers. The Zieglers shall submit a proposed plan of reclamation including costs for accomplishing said plan. Upon approval of said plan by the Burke Town Engineer, Burke shall disburse from the Deposit held by Burke amounts to pay for said final reclamation as such reclamation is completed. In the event the estimated costs for said reclamation exceed $50, 000 , the Zieglers shall first pay for such excess from funds other than from the Deposit . Any balance of the Deposit remaining after completion of reclamation shall be returned forthwith by Burke to the Zieglers. If this Agreement is assigned as permitted by this Agreement, the Deposit shall be deemed to be assigned to the permitted assignee. 9 . Compliance with Applicable Laws. The Zieglers will comply with all applicable laws and ordinances relating to the operation and reclamation of the quarry on the Property. 10. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed sufficiently given to the other party if personally delivered or sent by certified mail, with postage prepaid thereon, addressed to the other party at its address set forth above. Either party may by like notice at any time designate in writing a different address to which notices shall be sent. 11. Survival. Certain obligations and agreements of the parties are to be performed by the parties after the termination of the Agreement . All of such obligations and agreements shall survive the termination of the Agreement . 12. Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity or enforceability of any other provision hereof . Time is of the essence as to all provisions of this Agreement . The