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16. Number and Gender. Number and gender may be freely substituted in this Lease as the <br /> context requires. <br /> 17. Entire Agreement. 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. Attorney 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 detennined 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 />