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the benefit of, Assignor and Assignee and their respective successors and permitted assigns. <br />d. Applicable Law. This Agreement shall be construed and enforced in <br />accordance with the laws of the State of Colorado. <br />e. Captions. The captions or headings in this Agreement are for convenience <br />and general reference only and shall not be construed to describe, define or limit the scope or <br />intent of the provisions of this Agreement. <br />f. Access to Counsel. This Agreement shall not be construed strictly against <br />either Assignor or Assignee. Assignor and Assignee each acknowledge that they have had full <br />opportunity to review this Agreement and have had access to counsel of their choice to the extent <br />they deem necessary in order to interpret the legal effect of this Agreement. <br />g. Counterparts. This Agreement may be executed in one or more <br />counterparts, and by the different parties in separate counterparts, each of which when executed <br />and delivered shall be deemed to be an original, but all of which taken together shall be deemed <br />one and the same agreement. Delivery of an executed counterpart of a signature page to this <br />Agreement by facsimile or Portable Document Format (PDF) shall be effective as delivery of a <br />manually executed counterpart of this Agreement. <br />h. Amendments. No amendment, modification, or termination of this <br />Agreement will be deemed valid unless in writing and signed by Assignor and Assignee. <br />i. Purchase Agreement. This Agreement is being made and delivered <br />pursuant and subject to the terms of the Purchase Agreement, including terms limiting the extent <br />to which Assignee is assuming and agreeing to perform and discharge the liabilities and <br />obligations of Assignor under the Leases. In no event will this Agreement expand, limit or <br />otherwise modify, amend, or change in any way the rights and obligations of Assignor and <br />Assignee under the Purchase Agreement. <br />[Signatures appear on the following page.] <br />2 <br />