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2. To induce MPE to execute the Certification, and as consideration therefore, <br />Kirkland agrees to indemnify, defend, and hold harmless MPE, its members, directors, officers, <br />employees, and agents from and against any and all damages, losses and expenses arising out of <br />property damage to the Electric Lines caused by or resulting from the acts or omissions of <br />Kirkland in connection with operation of the Gravel Pit. <br />3. The rights conferred upon MPE and the obligations incurred by Kirkland in this <br />Agreement shall be in addition to, and shall not reduce in any way, the rights and obligations of <br />the Parties contained in the Right -of -Way Easement recorded at Reception No. 205039, B331 P <br />295 of the Records of the Grand County, CO Clerk and Recorder, regarding the Electric Lines. <br />4. This Agreement shall not be altered, amended, modified, or otherwise changed <br />except by a writing duly signed by all the Parties. <br />5. This Agreement shall be governed by Colorado law, without regard to principles <br />of conflicts of laws. Any action for breach of this Agreement shall be brought in the State of <br />Colorado, Grand County. The prevailing party in any action for breach of this Agreement shall <br />be entitled to recover its reasonable attorney fees and costs. <br />6. In the event that any provision of this Agreement should be held to be void, <br />voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. If <br />any provision of this Agreement is so broad as to be unenforceable, that provision shall be <br />interpreted to be only as broad as is enforceable under applicable (Colorado) law. <br />7. This Agreement shall be binding upon and inure to the benefit of the Parties' <br />successors, assigns, executors, personal representatives, heirs, and devisees. The Parties agree <br />that all rights and duties under this Agreement survive any change of control transaction. <br />Mountain Parks Electric, Inc. <br />Date: /Z- Z.3 , 2014 By: <br />Tom Sifer sst. General Manager <br />STATE OF Coc.oRA�Oo ) <br />s <br />COUNTY OF <br />The foregoing instrument was acknowledged before me this 97 rel day of 1%ze� 2014, <br />by 7C—'A S /f-5R5 <br />WITNESS MY HAND AND OFFICIAL SEAL. <br />My commission expires /l o 02.ot 6�- <br />inuA;"�AL Notary Public <br />�,,�pTq ~••.o <br />8 L�G��4 <br />OR roti-�� <br />