2017-05-26_REVISION - M1995017 (7)

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be considered as an employee of Landlord for any purpose or purposes. Tenant and any persons employed by Tenant for the performance of work hereunder shall be independent contractors and not agents of Landlord. Except as expressly provided in this Agreement, Landlord shall not have the right or the obligation to direct Tenant as to the details or methods of accomplishing the work to be performed. Landlord shall have no obligation to provide Tenant with workers' compensation insurance coverage or unemployment compensation coverage. Tenant shall be obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. • No failure and/or delay in exercising, on the part of Landlord, any right,power, or privilege hereunder shall preclude any other or further exercise thereof. • All notices and demands herein required shall be in writing. The mailing of a notice by registered mail to the respective parties at their respective addresses set forth herein shall be sufficient service thereof and will be effective: (a) upon receipt, if personally delivered; or (b) one (1) day following delivery to an overnight express courier service, or on the date set forth on the receipt for certified mail, as applicable, except that if delivery by U.S. mail or overnight courier is not successful upon the first attempt, a second notice must be mailed by First class mail, postage prepaid, and it will be deemed delivered upon the date of mailing as evidenced by a proof of mailing receipt from the U.S. Postal Service. If the last day for giving any notice or taking any action required or permitted under this Agreement would otherwise fall on a Saturday, Sunday, or legal holiday,that last day will be postponed until the next legal business day. • This Agreement shall not be construed as creating a partnership or joint venture, Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Agreement and its terms shall bind and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto. • In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through i negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. It is expressly understood and agreed that the direct costs of said direct mediation services shall be shared equally between the parties, with both parties paying their own attorney's fees and incidental costs relative thereto. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Logan County. • This Agreement will be construed and interpreted in accordance with the laws of the State of Colorado. In the event there is litigation with respect to enforcement and/or interpretation of this Agreement, the parties acknowledge, agree, and _q_ 8/30/2016 9:33 ANI