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1 d. Number and Gender. Number and gender may be freely substituted in this Lease as the <br />context requires. <br />17. Entire Agwment. This Lease contains the entire agreement between the parties with <br />respect to the subject matter of this Lease. No promise; representation, warranty or <br />covenant not expressly stated in this Lease has been or is relied on by either party. Each <br />party has relied on its own examination of this Lease, the counsel of its own advisors, and <br />the warranties, representations and covenants in this Lease itself. <br />18. Negation of Partnership. Nothing in this Lease shall be construed to render the Lessor in <br />any way or for any purpose a partner, joint venturer, or associate with Lessee or to make <br />any legal relationship other than that of lessor and lessee, nor shall this Lease be <br />construed to authorize either party to act as agent for the other unless expressly stated to <br />the contrary in this Lease. <br />19. Successors. Subject to the restrictions on transfer in Section 14, each and all of the <br />covenants and conditions of this Lease shall be binding on and shall inure to the benefit <br />of the heirs, personal representatives, successors and assigns .of the respective parties. <br />20. Applicable Law. This Lease shall be governed by and construed in accordance with the <br />laws of the State of Colorado. The parties agree that jurisdiction and venue shall be <br />proper in the District Court of Mesa County, Colorado. <br />21. Attar Le Fees. In any action or proceeding between the parties concerning this Lease, the <br />Prevailing party (as determined by the judge or other presiding official) shall recover <br />reasonable attorney fees and costs in amounts determined by that presiding official, in <br />addition to any other remedies authorized by this Lease or applicable law. <br />22. Time of the Essence. Time is of the essence in all aspects and provisions of this Lease, <br />including without limitation payment of all amounts to be paid by Lessee. <br />23. Memorandum of Lease. At the request of either party, Lessor and Lessee will execute, <br />acknowledge and record a short form memorandum of this Lease in the Mesa County, <br />Colorado, real estate records. <br />[signature page follows] <br />10 <br />