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otherwise require, words importing the singular number shall include the plural <br />number, words importing the masculine gender shall include the feminine <br />gender, and vice versa. This Agreement shall not be construed against either <br />party merely or solely because of the draftsmanship hereof. <br />28 Goveming Law, This Agreement shall be construed in accordance with and <br />governed by the laws of the State of Colorado and all rules, regulations and <br />ordinances of the County of Routt. Each of the parties hereto consents to the <br />jurisdiction of any appropriate court in the State of Colorado in the event there <br />is a dispute or disagreement arising out of this Agreement. <br />To the extent permitted by current or future laws and regulations, the waiver <br />and rights granted in this Agreement are intended to apply to the Lands without <br />the need for Cyprus to obtain any future agreements or consents from the <br />current or future owner of the Lands during the term of this Agreement. Should <br />new laws or regulations require future agreements or consents to grant Cyprus <br />the same waiver or rights granted herein, the then current owner of the Lands <br />shall execute all documents necessary to grant said waiver and rights to Cyprus <br />without payment of additional consideration by Cyprus. To the extent permitted <br />by current or future laws and regulations, it is the intent of Surface Owner and <br />Cyprus, and they shall execute any necessary documentation to confirm, that <br />new laws and regulations not act to Impose on Cyprus any obrgations more <br />stringent than those contained herein. <br />29. Hkft ect, All the terms, conditions and covenants of this Agreement shall <br />be binding upon and shall inure to the benefit of the successors and assigns, <br />respectively, of each of the parties hereto. <br />N WITNESS WHEREOF, Surface Owner and Cyprus have executed this Agreement in <br />duplicate effective the date first above written. <br />KENNETH R. ASHLEY & CO. <br />By: 1 <br />Kenneth R. Ashley <br />President <br />CYPRUS: <br />By: <br />CYPRUS WESTERN COAL COMPANY <br />. Wood <br />i President and Controller <br />cosubsid.00SM9 - 11 - <br />