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2016-04-12_REVISION - M1999120
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2016-04-12_REVISION - M1999120
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Last modified
6/16/2021 5:27:06 PM
Creation date
4/14/2016 8:55:34 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999120
IBM Index Class Name
REVISION
Doc Date
4/12/2016
Doc Name
Request AR04
From
L.G. Everist, Inc.
To
DRMS
Type & Sequence
AR4
Email Name
ECS
WHE
Media Type
D
Archive
No
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6.4 Severability. Nothing contained herein shall be construed so as to require the <br />commission of any act contrary to law, and whenever there is any conflict between any provision <br />herein and any present or future statute, law, ordinance or regulation contrary to which the <br />Parties have no legal right to contract, the latter shall prevail, but the provision of this Easement <br />Agreement affected shall be limited only to the extent necessary to bring it within the <br />requirements of such statute, law, ordinance or regulation. <br />6.5 Counterparts. This Easement Agreement may be executed in any number of <br />counterparts, each of which shall be deemed to be an original and all such counterparts taken <br />together shall be deemed to constitute one and the same instrument. <br />6.6 Governing Law. The terms and provisions of this Easement Agreement, and the <br />interpretation and enforcement thereof, shall be governed by the laws of the State of Colorado, to <br />which all Parties consent to venue and jurisdiction. <br />6.7 Waiver. No term or condition of this Easement Agreement will be deemed to <br />have been waived or amended unless expressed in writing, and the waiver of any condition or the <br />breach of any term will not be a waiver of any subsequent breach of the same or any other term <br />or condition. <br />6.8 Amendment. This Easement Agreement may not be amended or terminated <br />except by a written instrument signed by the then-fee-owner(s) of the Easement Property and the <br />Grantee. <br />6.9 Entire Agreement. This Easement Agreement, together with the exhibits attached <br />hereto and the applicable provisions of the Purchase Agreement, contains the entire agreement of <br />the Parties with respect to the subject matter hereof and no prior written or oral agreement shall <br />have any force or effect or be binding upon the Parties. This Easement Agreement shall be <br />binding upon, and inure to the benefit of, the Parties, their heirs, executors, personal <br />representatives, nominees, successors or permitted assigns. <br />6.10 Notices. All notices, requests, demands, or other communications (collectively, <br />"Notices") hereunder shall be in writing and given by (i) established express delivery service <br />which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or <br />registered mail, postage prepaid, return receipt requested to the Parties at the following address, <br />or at such other address as the parties may designate by Notice in the above manner. <br />If to Grantee: <br />L.G. Everist, Inc. <br />Mountain Division Office <br />7321 East 88th Avenue Suite 200 <br />Henderson, Colorado 80640 <br />Attn: Mr. Dennis L. Fields, Vice President <br />With a copy to: <br />Fowler, Schimberg & Flanagan, P.C. <br />1640 Grant Street, Suite 300 <br />Denver, Colorado 80203 <br />Page 6 <br />Access Eamt Evade - 8-10-15 <br />
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