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10/17/2013 08:26 FAX 9703784823 <br />10/17/2010 09.12 970 -353 -9701 <br />Loloff Const Inc <br />CHAVIES CHILDERS <br />20008/0006 <br />PAGE 09 <br />20, This Agreement shall be governed, construed and enforced in accordance with the laws <br />Of the State of Colorado. The exclusive venue for the resolution of any disputes shall be the <br />Weld County District Court. In the event of litigation, the prevailing party shall be cntitled to <br />receive all costs and attorney fees incurred, in addition to all other damages recoverable by law. <br />21. This is the entire Agreement between the parties with respect to this transaction, There <br />are no oral promises. conditions, representations, understandings, interpretations or terms of any <br />kind as conditions or inducements to the execution hereof or in effect between the parties. <br />22. This Agreement may be executed in counterparts, each of which shalt be treated as an <br />original, but all of which shall together constitute one document. Photocopies and facsimile <br />copies of the parties' signatures shall be treated as originals_ <br />23. If arty part, %Von, Or Provision of this Agytemeat is determined to be illegal or in conflict <br />with any law, the validity of the remaining portions and provision skull not be affected, and the <br />rights and obligations of the parties shall be construed and enforced as if this .Agreement did not <br />contain the particular part, term. or provision determined to be invalid. <br />24. No term of this Agreement May be varied, changed, modified, waived, or terminated <br />orally or by conduct or inaction, but only by an instrument in writing signed by any of the parties <br />against whom the enforcement of the variation, change, modification, waivcr, or termination is <br />$ought. Delay in Seeking to enforce any provision herein shall not constitute or operate as a <br />waiver of any breacb of any provision hereof, nor shall such delay or failure to act, operate as a <br />waiver to seek enforcement of any provision hereof at any future time. <br />25. The parties incorporate by reference and agree to the accuracy of the Recitals above. <br />TN WITNESS � 4 <br />*23. parties have executed this Agreement as set forth below. <br />Dated thism day of� <br />Mill Iron Mining, LLC <br />As: <br />Date: <br />