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during regular business hours in order to repair and maintain the Pipeline as <br />needed. In the event of an emergency, Southwest also grants permission to <br />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 />