Laserfiche WebLink
difference or controversy shall be settled by binding arbitration to be conducted in accordance <br /> with the Colorado Revised Uniform Arbitration Act, G.R.S. § 13-22-201, et seq., in force at the <br /> time of such dispute, difference or controversy. In the event such binding arbitration becomes <br /> necessary, the arbitration shall be held in the City and County of Denver, Colorado. If the <br /> Parties are unable to agree within sixty (60) days following written notice of any such dispute, <br /> difference or controversy upon a single arbitrator to hear the case, each Party shall appoint an <br /> arbitrator of their choice, which two (2) arbitrators shall appoint a third arbitrator who will sit as <br /> the Parties' appointed arbitrator to hear the case. The arbitration award may be enforced in any <br /> court of competent jurisdiction. <br /> 4.8 Attorneys' Fees. In the event of any controversy, claim or action between <br /> the Parties respecting this Lease and Operating Plan, the substantially prevailing Party shall be <br /> entitled to an award of its reasonable attorneys' fees, costs and expenses that relate to or accrue <br /> as a result of such controversy,claim or action. <br /> 4.9 Expenses, Each Party shall pay its own expenses related to completing <br /> this Lease and Operating Plan, including the fees of its attorneys, accountants and other <br /> consultants. <br /> 4.10 Other Agreements, The Parties have entered into various agreements in <br /> the past concerning land use, mining and water storage issues at Bromley Lakes (a/k/a Kenneth <br /> Mitchel Lakes) and Erger's Pond (the "Prior Agreements"). To the extent that any term or <br /> provision of the Prior Agreements is contrary or inconsistent with a term or provision of this <br /> Agreement, this Agreement shall control; provided, however, that the Prior Agreements shall <br /> otherwise remain in full force and effect. <br /> 4.11 Modification; Waiver; Delay. This Lease and Operating Plan shall not <br /> be modified or amended, and no performance, term or condition may be waived in whole or in <br /> part, except in a writing executed by each Party. No delay or failure on the part of either Party in <br /> exercising any rights hereunder, and no partial or single exercise thereof, shall constitute a <br /> waiver of such rights or any other rights or benefits hereunder. No extension of time for <br /> performance of any obligation or act shall be deemed an extension of the time for performance of <br /> any other obligation or act. No waiver shall be valid unless it be made in writing,executed by the <br /> waiving Party,and delivered to the other Party. <br /> 4.12 Section Headings. The section headings in this Lease and Operating Plan <br /> are for convenience of reference only, shall not be considered a part of this Lease and Operating <br /> Plan,and shall not affect the validity or interpretation of this Lease and Operating Plan. <br /> 4.13 Counterparts. This Lease and Operating Plan may be executed in <br /> multiple counterparts and by facsimile copy each of which shall be deemed an original, but all of <br /> which shall constitute one and the same Lease and Operating Plan. <br /> IN WITNESS WHEREOF, the Parties have, by their duly authorized <br /> representatives,entered into this Lease and Operating Plan upon the Effective Date. <br /> 9 <br />