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owed under this Agreement by Purchaser and the performance of all obligations of <br /> Purchaser under this Agreement. In the event Purchaser breaches this Agreement, <br /> Zane Lutterell agrees to pay any award of damages against Purchaser and in favor of <br /> Wilcox or any other party to this Agreement. <br /> 17.Miscellaneous. <br /> (a) This Agreement shall be binding upon and shall inure to the benefit of the <br /> Parties and the Parties' respective heirs,agents, successors, and assigns. A successor <br /> of Purchaser includes,without limitation,any person or entity with any right to <br /> extract inventory or materials from the pits covered by the Permits who obtained such <br /> right through any agreement with Purchaser,any transfer by Purchaser,or by <br /> Purchaser voluntarily relinquishing Purchaser's interests so that such person or entity <br /> can obtain such right. <br /> (b) If any Party takes any action in any court of law against any other Party to <br /> enforce or interpret this Agreement,the prevailing Party shall be entitled to recover <br /> all reasonable attorneys' fees and costs from the non-prevailing Parry or Parties, <br /> including without limitation all attorneys' fees and costs of appeal and collection. <br /> (c) The paragraph headings used in this Agreement are for purposes of <br /> identification only and shall not be considered in construing this Agreement. <br /> Furthermore,this Agreement shall be deemed to have been prepared with the full and <br /> equal participation of each Party,and shall not be construed by any Party against any <br /> other Party. <br /> (d) This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Colorado,and the Parties agree that the state courts located in <br /> Gunnison, Colorado shall have exclusive jurisdiction over,and shall be the exclusive <br /> venue for,any action arising out of,or related to,this Agreement. <br /> (e)This Agreement may be executed in multiple counterparts,each of which <br /> shall constitute an original, and all of which together shall constitute one and the <br /> same document. The parties will accept facsimile signatures or electronic signatures <br /> as original signatures.This Agreement shall not be recorded in the real property <br /> records of Gunnison County,Colorado by any Party. <br /> Entered into as of the day and year first above-written. <br /> i <br /> J <br /> Aarreit A 2 <br /> n Wil o Sally, ilcox <br /> Page 6 of 8 94 . 1 <br /> � <br />