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Execution Version <br /> 23. DISPUTE RESOLUTION: <br /> 23.1 Initial Dispute Resolution.If a dispute arises out-of or relates to this Agreement <br /> or its breach,the Parties shall endeavor to settle the dispute first through direct <br /> discussions between the Parties'representatives,who shall have the efithorrty to <br /> settle the dispute, if the Parties' representatives are not able to settle the <br /> dispute,senior executives of the.Parties with the authority to settle the dispute <br /> shall Meet within twenty-one (21) days after the dispute first arises. If the <br /> dispute is not Settled within seven(7)days from the referral of the dispute to1he <br /> senior executives, the Parties shall submit the dispute to mediation in <br /> accordance with Section 23.2. <br /> 23.2 Mediation.if the dispute cannot settled through Watt dkaiVa!Oliif proatiOot <br /> to Section 23.1,the Parties shall endeavor to settle the dispute by mediation <br /> before recourse to any other dispute r sotcition procedures contained In.this <br /> Agreement.The location of the Mediation shall be Montrose,Colorado,Once <br /> one Party files a fegpest for mediation With the other Party,the Parties agree to <br /> conduct such mediation within forty=five(45)days of thing of the request.Either <br /> Party may terminate the mediation at any time after the in*secs oft,but 0e <br /> decision to terminate must be delivered in person by the Pa s ser rive <br /> to the other Party's representative and the,mediator.if theme cannot be <br /> ieye <br /> settled by mediation Within forty five(45) days, the Parties shall submit the <br /> dispute teeny dispute resolution process set forth in this Agreement. <br /> 23.3 lurlsdkti5n and Venue.If the dispute cannot be settled through the procedures <br /> tri paragraphs 234 and 23.2,the parties consent to exclusive jurisdiction and <br /> venuein the Colorado state courts in Montrose County,Colorado. <br /> 23.4 Multitiarty Proceeding.The°Parties shaft make rieasonable to it de all <br /> parties necessary to resolve a claim to the same dispute ressolution proceeding, <br /> provided that the Inability In spite of SPCh reasonable efforts to-� h <br /> parties to resahie such Claim shall not preclude either Party from proceeding <br /> with adispute resolution proceeding. <br /> 23.5 Cotter Dispute Resolution.The prevailing Party in any dispute arising ont Of Or <br /> relatit, to this greernerit or its breach that Is resolved by t'he disptit.a resPludon <br /> process set forth in this Agreement shall be entitled to recover from the other <br /> Party those reasonable attorneys' fees, costs and exPentet.muirred by the <br /> prevailing Party in connection with such dispute resomtioir process after deect <br /> discussions and mediation. <br /> Page t4 024 <br /> • <br /> 142 <br />