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Fremont and Stonewall and any agent acting on behalf of them to enter onto the <br /> Southwest Property during all other times to repair the Pipeline as needed. <br /> E. The parties represent and warrant that they have full capacity and authority to <br /> settle, compromise, and release their claim(s)and that no other person or entity <br /> has or will in the future acquire or have any right to assert against the other party <br /> any portion of the claims released herein. The parties represent that they have <br /> not assigned, transferred or subrogated to any other person any claim, right, or <br /> cause of action released in this Agreement, and that they have the right and <br /> authority to execute this Agreement. If any party to this Agreement is subjected <br /> to further claims from any person under an actual or purported assignment or <br /> substitution, the party who made or purportedly made the assignment or <br /> substitution shall indemnify, defend and hold the other party harmless from any <br /> liability or cost, including reasonable attorneys' fees, incurred in dealing with such <br /> further claim(s). <br /> F. Each party to this dispute shall bear their own attorneys' fees and costs <br /> associated with the underlying dispute and this Agreement. <br /> G. This Agreement shall be construed and governed by the laws of the State of <br /> Colorado. Exclusive venue for any action arising out of or related to this <br /> Agreement shall be in Pueblo County, Colorado. <br /> H. Every provision of this Agreement is intended to be severable. In the event that <br /> any term or provision hereof is declared to be illegal or invalid by a court of <br /> competent jurisdiction, such illegality or invalidity shall not affect the balance of <br /> the terms and provisions hereof, which terms and provisions shall remain binding <br /> and enforceable. <br /> I. This Agreement may be executed in counterparts, with each counterpart being <br /> an original document and all counterparts, when fully signed, taken together, <br /> constituting the agreement and mutual release of these parties, subject to the <br /> terms as set forth herein. Facsimile and/or PDF signatures shall be as valid and <br /> effective as originals. <br /> J. The parties agree that this Agreement is a compromise of disputed claims and <br /> nothing contained in this Agreement shall be construed as an admission of <br /> liability. <br /> K. This Agreement shall inure to the benefit and be binding upon the parties' <br /> successors, heirs, and assigns. <br /> L. Each signatory hereto warrants and represents that such person has authority to <br /> execute this Agreement and bind the party for whom such person acts. The <br />