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13. Miscellaneous Provisions. <br />13.1 Time is of the essence in every aspect of this Lease. <br />13.2 Each party will use reasonable care in carrying out its rights and obligations under <br />this Lease. <br />13.3 The failure of a pariy to insist in one or more cases upon the strict observation of <br />any of the terms of this Lease does not constitute a waiver or relinquishment in any future <br />case of any of the terms of this Lease. <br />13.4 This Lease cannot be modified orally, but only by an amendment in writing <br />signed by all Parties. The captions of this Lease are for convenience of reference only, <br />are not a part of this Lease, and do not define or limit any of the terms of this Lease. <br />Unless the context clearly requires otherwise, the singular includes the plural, and vice <br />versa, and the masculine, feminine, and neuter adjectives include one another. Each <br />party to this Lease has engaged legal counsel to negotiate, draft, and/or review this Lease. <br />Therefore, in the construction and interpretation of this Lease, the Parties acknowledge <br />and agree that it is not to be construed against any party on the basis of authorship. <br />13.5 This Lease constitutes the entire agreement between the Parties with respect to the <br />subject matter and supersedes all prior agreements and understandings, written or oral, <br />with respect to the subject matter. Except for those which are set forth in this Lease, no <br />representations, warranties, or promises have been made by one party to another party <br />with respect to this Lease <br />13.6 This Lease is governed by the laws of the State of Colorado in all respects, <br />including matters of validity, construction, performance, and enforcement. Unless <br />otherwise agreed by the Parties, venue on any action arising out of this Lease is proper <br />only in the District Court of Rio Grande County, State of Colorado. <br />13.7 If the Parties litigate any provision of this Lease or the subject matter of this <br />Lease, the unsuccessful litigant will pay to the successful litigant a11 costs and expenses, <br />including reasonable attorneys' fees and court costs, incurred by the successful litigant at <br />trial and on any appeal. If, without fault, either the District of Santa Maxia is made a <br />party to any litigation instituted by or against the other, the other will indemnify the <br />faultless one against all loss, liability, and expense, including reasonable attorneys' fees <br />and court costs, incuned by it in connection with such litigation. <br />13.8 The benefits and the burdens of this Lease will inure to the benefit of and will be <br />binding upon the successors and assigns of the Parties. <br />This Lease is effective on the date on which the last party executes this Lease. <br />Page 8 of 9 <br />