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7785 Highland Meadows Parkway, Suite 100
<br /> Fort Collins,CO 80528-9527
<br /> Attn: Richard Connell
<br /> If to Connell: Connell Resources,Inc.
<br /> 7785 Highland Meadows Parkway, Suite 100
<br /> Fort Collins,CO 80528-9527
<br /> Attn: Richard Connell
<br /> 16. FORCE MAJEURE.Whenever a period of time is herein prescribed for action to be taken
<br /> by a party,such party shall not be liable or responsible for,and there shall be excluded from the computation
<br /> for any such period of time, any delays due to strikes,riots, acts of God, shortages of labor or materials,
<br /> war, governmental laws,regulations or restrictions or any other causes of any kind whatsoever which are
<br /> beyond the control of such party.
<br /> 17. SEVERABILITY. If any clause or provision of this Lease is illegal, invalid or
<br /> unenforceable under present or future laws,then and in that event,the remainder of this Lease shall not be
<br /> affected thereby,and in lieu of each clause or provision of this Lease that is illegal,invalid or unenforceable,
<br /> there shall be deemed to be added as a part of this Lease a clause or provision as similar in terms to such
<br /> illegal,invalid or unenforceable clause or provision as may be possible and be legal,valid and enforceable.
<br /> 18. AMENDMENTS; WAIVER; BINDING EFFECT. The provisions of this Lease may not
<br /> be waived,altered,changed or amended,except by instrument in writing signed by both parties hereto. The
<br /> terms and conditions contained in this Lease shall apply to,inure to the benefit of,and be binding upon the
<br /> parties hereto,and upon their respective successors in interest and legal representatives,except as otherwise
<br /> herein expressly provided.
<br /> 19. QUIET ENJOYMENT. Provided Tenant has performed all of the terms and conditions of
<br /> this Lease, including the payment of the Fixed Rent, Royalty, and other sums due hereunder, to be
<br /> performed by Tenant,taking into account all applicable notice and cure periods,Tenant shall peaceably and
<br /> quietly hold and enjoy the Premises,without hindrance from CWH,Connell,or any person claiming under
<br /> either of them,subject to the terms and conditions of this Lease.
<br /> 20. INTERPRETATION. Words of any gender used in this Lease shall be held and construed
<br /> to include any other gender,and words in the singular number shall be held to include the plural,unless the
<br /> context otherwise requires. As used in this Lease, the words "include" and "including," and variations
<br /> thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the
<br /> words "without limitation." The captions contained in this Lease are for convenience of reference only,
<br /> and in no way limit or enlarge the terms and conditions of this Lease.
<br /> 21. GOVERNING LAW. Tenant hereby agrees that the laws of the State of Colorado shall
<br /> govern in any such action or proceeding and waives any defense to any action or proceeding granted by the
<br /> laws of any action or proceeding granted by the laws of any other country or jurisdiction unless such defense
<br /> is also allowed by the laws of the State of Colorado.
<br /> 22. WAIVER OF JURY TRIAL. To the extent permitted by applicable law,each party hereby
<br /> waives trial by jury in any matter arising out of or in any way connected with this Lease. The provisions
<br /> of this Section 22 shall survive the expiration or early termination of this Lease.
<br /> 23. MEMORANDUM OF LEASE. CWH and Tenant acknowledge that concurrent with the
<br /> execution of this Lease a Memorandum of Lease in the form of Exhibit B attached hereto has been executed
<br /> and recorded in the real property records.
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