Laserfiche WebLink
successor in interest to any governmental or quasi-governmental entity with the power to <br /> provide water infrastructure improvements, upon notice to Lessee. <br /> 27. Governing Law: Venue. This Lease and its interpretation and all disputes pertaining <br /> thereto(other than a Royalty amount dispute to be settled by arbitration pursuant to <br /> subparagraph 9, above)or to any issue in respect of the performance or non-performance <br /> of this Lease shall be governed by the laws and decisions of courts of the State of <br /> Colorado. <br /> 28. Attorneys' Fees. In any action or proceeding at law or in equity by a party against another <br /> party to this Lease, the prevailing party shall be entitled to reasonable attorneys' fees and <br /> expenses. <br /> 29. Depletion Allowance. The parties acknowledge that all payments made pursuant to <br /> Paragraph 6 of this Lease are in the form of royalties and not lease, rent or production <br /> payments. Further,the parties acknowledge that the Minerals, which are the subject of <br /> this Lease, are natural resources, which are the subject of a tax deduction of a reasonable <br /> allowance for depletion of such materials,which presently requires an equitable <br /> apportionment between the Lessor and Lessee. <br /> 30. Memorandum for Recording. Simultaneous with the execution of this Lease the parties <br /> have executed a memorandum for recording ("Memorandum. for Recording").Either <br /> party may record the Memorandum for Recording but neither party shall record this <br /> Lease without the prior written consent of the other. <br /> 31. Construction of Document. The parties do not intend that this Lease be characterized as <br /> a sale of real property. <br /> 32. No Other Relationship. This Mineral Lease constitutes strictly a lease between the <br /> owner of the property, as Lessor, and the mining operator, as Lessee,and nothing <br /> contained herein shall be deemed or construed by anyone as creating a relationship of <br /> principle and agent,partnership,joint venture or any other relationship beside that of <br /> lessor and lessee. <br /> 33. Entire Agreement. This Mineral Lease represents the entire agreement of the parties <br /> with respect to the subject mater covered herein. All negotiations, considerations, <br /> representations and understandings between the parties are incorporated and merged <br /> herein. This Mineral Lease may be modified or altered only by the parties' written <br /> agreement. <br /> 34. Severability. Unenforceability of any provision contained in this Agreement shall not <br /> affect or impair the validity of any other provision of this Agreement so long as the <br /> primary purpose(s)of this Agreement remain effectuated thereby. <br /> 17 <br />