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<br />. <br /> <br />. <br /> <br />With a copy to: <br /> <br />Robert F. T. Krassa, Esq. <br />Krassa, Kumli & Madsen, lLC <br />Three Pearl Plaza - West Tower <br />4888 Pearl East Circle, Suite 202W <br />Boulder, Colorado 80301-4494 <br /> <br />B. Assignment. The rights and obligations of the respective parties to this Agreement <br />may be assigned by them to the extent permitted by the Settlement Agreement without the consent <br />of the other parties. <br /> <br />C. Entire Agreement. This Agreement contains the complete and entire agreement <br /> <br /> <br />between the parties regarding the contemplated transaction and supersedes all prior negotiations, <br /> <br /> <br />agreements, representations, and understandings, if any, between the parties regarding such <br /> <br /> <br />transaction. This Agreement may be modified by writing only, which writing must be executed by <br /> <br /> <br />the parties in order to be effective. <br /> <br />D. Non-merger and Survival. The representations, covenants and warranties provided <br />in this Agreement and the rights and obligations of the parties hereunder, together with those in the <br />Settlement Agreement, shall survive the closing and shall not merge in the instruments delivered at <br />closing. <br /> <br />E. Paragraph Cautions. The captions of the paragraphs are set forth only for the <br /> <br />convenience and reference of the parties and are not intended in any way to define, limit or describe <br /> <br />the scope or intent of this Agreement. <br /> <br />F. Additional Documents or Action. The parties agree to execute any additional <br /> <br />documents or take any additional action that is reasonably necessary to carry out this Agreement. <br /> <br />-ll- <br />