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11 <br />267099 01/04/2013 03:59:00 PM B: 864 P: 586 ESMT_AGMT <br />Page 3 of 6 R: $36.50 D: $0.00 T:$36.50 <br />eRecorded in Clear Creek County, Colorado <br />lien, either file a surety bond sufficient to release said claim or lien and promptly give notice of <br />such filing to the lienholder or claimant, all as permitted by Colorado statute, or make other <br />arrangements therefor reasonably satisfactory to Grantor. <br />Binding Effect. Each and every one of the benefits and burdens of this Easement <br />Agreement shall inure to and be binding upon the respective legal representatives, <br />administrators, successors, and assigns of Grantor and Grantee. <br />Easements Covenant Burdening Premises. The rights and responsibilities set forth in <br />this Easement Agreement are intended to be real covenants on the Easement Premises and <br />are intended to run with the land. <br />Non- Exclusive. The Easement granted hereby shall be non - exclusive to Grantee; <br />provided, however, Grantor shall grant no other or further easements which unreasonably <br />interfere with the Grantee's right to the Use of the Easement Premises as set forth herein, and <br />provided further that Grantor will endeavor to provide Grantee reasonable written notice of any <br />further easements granted on the Easement Premises, except that notwithstanding the <br />foregoing, Grantor's failure to give such notice shall not be a default hereunder or otherwise <br />result in any liability whatsoever. <br />Attorneys' Fees. In the event that legal action is instituted to enforce any of the <br />provisions of this Easement Agreement, the prevailing party shall be entitled to receive its <br />reasonable attomeys' fees and costs from the non - prevailing party, as determined by the court. <br />01 of Law and Venue. The terms and provisions contained in this Easement <br />Agreement shall be governed and construed in accordance with the laws of the State of <br />Colorado. For the resolution of any dispute arising from this Easement Agreement, venue shall <br />be in the District Court of Clear Creek County, State of Colorado. <br />Counterparts. This Easement Agreement maybe executed in any number of <br />counterparts, each of which shall be an original, but all of which together shall constitute one <br />instrument. <br />Complete Agreement. This Easement Agreement embodies the complete agreement <br />between the parties hereto and no additional or different oral representation, promise or <br />agreement shall be binding on any of the parties hereto with respect to the subject matter of this <br />Easement Agreement. This Easement Agreement cannot be varied or modified except by the <br />written agreement of Grantor and Grantee. <br />Recording of Agreement. This Easement Agreement (and any amendments thereto) <br />shall be recorded in the real property records of the Clerk and Recorder of Clear Creek County, <br />Colorado. <br />Severability. If any provision of this Easement Agreement shall be held invalid or <br />unenforceable, the remaining provisions shall remain in full force if the essential terms and <br />conditions of this agreement for each party remain valid, binding and enforceable. <br />Page 3 of 6 <br />2012- 12 -11 -3 Easement for Air Ventilation - Safety Shaft for Execution <br />