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111111111111111111111111111111111111111 III 111111 I I I I I I I <br />3591169 11/21/2008 02:18P Weld County, CO <br />10 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder <br />Any controversy or claim arising out of or relating to this Agreement, or the breach <br />thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered <br />by the American Arbitration Association under its commercial rules, and judgment on the award <br />rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. <br />23. APPLICABLE LAW. <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Colorado, without reference to its conflict of laws provisions. <br />24. ENTIRE AGREEMENT. <br />This Agreement sets forth the entire understanding among the parties hereto regarding the <br />matters addressed herein, and supersedes any previous communications, representations or <br />agreement, whether oral or written. This Agreement shall not be amended, except by written <br />document signed by all parties. <br />25. EXECUTION AND BINDING EFFECT <br />This Agreement may be executed in any number of counterparts each of which shall be <br />deemed an original instrument but all of which together shall constitute one and the same <br />instrument, and shall be binding upon and inure to the benefit of the parties, and each of their <br />respective heirs, executors, administrators, successors and assigns and is executed by the parties <br />as of the Effective Date set forth above. <br />26. COMPLIANCE WITH REGULATION. <br />ASCI Owner expressly acknowledges that this Agreement satisfies KMG's obligation <br />under COGCC rules 305 and 306 to consult in good faith with the ASCI regarding the proposed <br />oil and gas operations. ASCI further expressly acknowledges that this Agreement shall be <br />deemed to be specifically applicable to and to fully satisfy, the obligation of KMG to <br />accommodate ASCI's use of the surface of the Property, existing or future, and waives any <br />statutory or common law claims with respect thereto, except for actions to enforce this <br />Agreement or obtain damages for its breach. <br />10 <br />Surface Use Agreement <br />