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! <br /> i <br /> i <br /> Jason Darien <br /> 141 Bookeliff Avenue <br /> Grand Junction, CO 81501 ' <br /> jdarien@gmail.com <br /> gmail.com <br /> 13. Entire Agreement. The parties acknowledge that this Agreement sets forth their ! <br /> entire agreement and understanding with respect to this Agreement and that no oral or other j <br /> agreements, understandings, representations, or warranties, other than those set forth in this <br /> Agreement, exist with respect to the subject matter of this Agreement. <br /> i <br /> 14. No Waiver. No failure by either party to enforce any covenant or restriction <br /> contained in this Agreement will be deemed a waiver of the right to enforce such covenant or <br /> restriction thereafter. <br /> 15. Modification or Termination. This Agreement may not be modified in any <br /> respect or terminated, in whole or in part, except pursuant to a written amendment executed by <br /> the parties or their respective successors and assigns. Any such written amendment shall be ! <br /> recorded in the office of the Clerk and Recorder of Gunnison County, Colorado. <br /> 16. Dispute Resolution. Any and all controversies related to or arising out of this <br /> Agreement shall be resolved by arbitration conducted by a single arbiter in Denver, Colorado or <br /> such other location as the parties may agree applying the American Arbitration Association <br /> Commercial Arbitration Rules and Mediation Procedures, as amended and effective October 1, <br /> 2013. The final award may be confirmed as a judgment by the District Court of the County of <br /> Gunnison, State of Colorado. In the event the parties cannot agree on the selection of the arbiter, <br /> then selection of the arbiter shall be made in accordance with the procedures set forth in said ! <br /> Commercial Arbitration Rules and Mediation Procedures. Notwithstanding the foregoing, either <br /> party shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction <br /> and obtain a stay of further proceedings pending arbitration. Each party shall be responsible for <br /> his and its own attorney fees, expert witness fees, and costs incurred in arbitration and/or <br /> litigation,except that Grantee shall be solely responsible for the fees and costs of the arbiter. <br /> r <br /> 17. Governing Law. The terms and provisions of this Agreement will be constructed <br /> and enforced in accordance with the laws of the State of Colorado. j <br /> 18. Right of First Refusal. In the event Grantor desires to sell the Property he hereby ' <br /> grants to Grantee during the initial term and any option period exercised by Grantee a right of <br /> first refusal to match any bona fide third party offer to purchase portions of the Property upon <br /> which the Darien Access Road and Staging Area are located. If the third party offer is for the <br /> entire Property, the offered purchase price for the portion of the Property upon which the Darien ; <br /> Access Road and Staging Area are located shall be equal to a pro-rated amount of the offered <br /> purchase price based on the size of the respective parcels. Grantee shall have a period of thirty <br /> (30) days after receipt from Grantor of any such offer to exercise such right of first refusal. In <br /> the event Grantee fails to so exercise such right of first refusal, such right shall terminate <br /> provided the purchase and sale is consummated with the designated offeror. <br /> 4 <br /> 9 <br /> t <br /> 3} <br />