Item A: Beam Development Purchase and Sale Agreement Terms

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extension of the time or times for performance of the obligations of the party seeking the benefit of this section shall not exceed thirty (30) days. 21. GP ENERAL ROVISIONS T. 21.1 Time is of the essence of Buyer’s obligations hereunder. IME S. 21.2 If any term, condition or provision of this Agreement is declared EVERABILITY illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions of this Agreement shall remain in full force and effect. C. 21.3 The section or paragraph captions contained in this Agreement are for APTIONS convenience only and shall not limit or amplify or otherwise constitute a part of the provisions herein. W. 21.4 Failure of either party at any time to require performance of any AIVER provision of this Agreement shall not limit the party’s right to enforce the provision, nor shall any waiver of any breach of any provision constitute a waiver of the provision unless the waiver is in writing and signed by the waiving party. The waiver by a party of a provision shall not constitute or be deemed to be a waiver of any other provision, nor shall it constitute or be deemed to be a waiver of any subsequent breach of the same or any other provision. N. 21.5 Any notice, request, demand, instruction or other communication or OTICES document to be given hereunder shall be given either: (a) by personal delivery (in which event, such notice shall be deemed received upon such delivery), or (b) by first class United States mail, postage prepaid, registered or certified, return receipt requested, addressed to the person as required by this Section 20.5 (in which event such notice shall be deemed received forty-eight (48) hours after deposit in any United States Post Office mailbox in the state to which the notice is addressed, or seventy-two (72) hours after deposit in any United States Post Office mailbox other than in the state to which the notice is addressed. The address for purposes of this Section 20.5 shall be the address set forth below the party’s signature at the end of this Agreement, as such address may be changed by giving written notice of such change in the manner herein provided for giving notice. A copy of any notice given hereunder to Beam shall be provided to Susan Alterman, Alterman Law Office, 1000, Southwest Broadway, Suite 910, Portland, Oregon 97205-3065. EA. 21.6 This is the only agreement between the parties relating to NTIRE GREEMENT the subject matter hereof, and all prior and contemporaneous negotiations relating to this Agreement, are merged herein and superseded hereby. The only agreements, representations or warranties made by Seller are those set forth in writing in this Agreement (including the exhibits and any addenda incorporated by reference into this Agreement). No agreements, representations or warranties, express or implied, that are not set forth in writing in this Agreement are made by Seller to or with Buyer. Page 24 - PURCHASE AND SALE AGREEMENT – DRAFT #3 (20 May 2008)