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JoEllen Turner 970- 864 -7682 p.7 <br />WFC: (insert] <br />10. i<4utual Release. Except to the extent necessary to enforce this Agreement, the <br />Morgans hereby release WFC, and WFC hereby releases the lrlorgans, from each, any, <br />and all claims, liabilities, and causes of action, defenses, and setoffs either party has, of <br />may have, as of the Effective Date of this Agreement and arising, directly or indirectly, <br />from the Coal Lease, the Civil Action (including all affirmative defenses and <br />counterclaims), 10 CV 543, the Water Case, or any other unasserted legal claims <br />pertaining to any other events or occurrences. By way of example only, this Agreement <br />discharges claims for breach of contract, breach of statutory duties, tort claims for <br />injuries or property damage, and claims seeking injunctive or equitable relief arising <br />through the Effective Date. All such claims and defenses are discharged by this <br />Agreement. <br />11. Compr� oise of Disputed Claims. This Agreement is a compromise as to legal <br />claims which are disputed. It shall not be regarded as an admission of fault or <br />wrongdoing by any party. <br />12. Remedies. in the event of any breach of this Agreement the non - breaching party <br />shall be authorized to maintain an action for damages, injunctive relief, or both as die <br />case may be. In any such action the substantially prevailing party shall be entitled to <br />recover its reasonable attorney fees and court costs, in addition to any other relief. Sums <br />Which are owing tinder this Agreement and unpaid shall accrue interest at die rate of <br />twelve percent (12 %) per annum from the date of default until paid in full. <br />13. Governing LnwNenue. Colorado law governs this Agreement. The sole venue <br />for any dispute arising from this Agreement shall be the courts of Montrose County, <br />Colorado. <br />14. Blnd. —. n AAgreement. Upon tlhe Effective Date this Agreement shall constitute a <br />valid, binding, and enforceable obligation of the parties, duly executed after having <br />obtained all necessary and lawful authority. This Agreement shall inure to the benefit of, <br />and be binding upon, the parties, their respective successors and assigns. <br />1$, \, crIfication. To be binding, any modification to this Agreement must be in <br />writing and executed by all parties. <br />16, Conflict witch Other Aereemethis /hhterpretation. !'Iris Agreement, including the <br />attached exhibits, is the sole and complete agreement of the parties, superseding any and <br />all prior contracts, agreements, or representations, all of which shall be deemed merged <br />into this document. In the event of any conflict between (lie text of this Agreement and <br />any exhibits hereto, the text of the Agreement shall prevail over the exhibit. <br />6 <br />