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6. Operative Provisions of Agreement. <br />(a) This Agreement and Exhibit A state the entire agreement between the <br />Parties, and replace all oral and written representations, correspondence and <br />agreements by or between the Parties concerning the Property. No <br />amendment or modification of this Agreement shall be binding unless made <br />by written instrument of equal formality. Each Party shall be entitled to insist <br />strictly upon the timeliness of performance by the other Party of the other <br />Party's obligations. <br />(b) The rights, duties and benefits of this Agreement shall accrue to and be <br />binding upon the respective successors and assigns of the Parties. <br />(c) No assignment of the Agreement or of any interest therein, and no <br />sublicense for any purpose shall be made or granted by LICENSEE without <br />the prior oral or written notice to LICENSOR, unless assigned to a corporate <br />affiliate of LICENSEE. LICENSOR'S consent shall not be required for <br />LICENSOR to assign this Agreement. <br />IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate as <br />of the date first above written, by their own hand and deed. <br />LICENSEE: <br />Twentymile Coal, LLC <br />BY: <br />Its: Vice President <br />Dated: <br />LICENSOR: <br />Camilletti & Sons, Inc. <br />By: <br />Its: _ <br />Dated: — 0 1 <br />r <br />