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38. HEIRS AND SUCCESSORS IN INTEREST - The benefits, terms, and obligations of this Lease shall extend <br /> to and be binding upon the heirs, executors, administrators, successors, or assigns of the respective <br /> parties hereto. <br /> 39. MISCELLANEOUS PROVISIONS- <br /> a) Waiver. The waiver of any breach of any provision of this Lease by any party hereto shall not <br /> constitute a continuing waiver of any subsequent breach of said party, for any breach of the same or <br /> any other provision of the Lease. <br /> b) Entire Understanding. This Lease represents the complete integration of alt understandings <br /> between the parties and all prior representations and understandings, oral or written, are merged <br /> herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force <br /> or effect whatsoever, unless embodied herein. <br /> c) Captions. Captions and paragraph headings in this Lease are intended for convenience and <br /> reference only and shall not define, limit or describe the scope or intent of any provisions of this Lease. <br /> d) Severability. Provided this Lease can be executed and performance of the obligations of the parties <br /> accomplished within its intent, the provisions hereof are severable and any provision that is declared <br /> invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof, <br /> provided that the parties can continue to perform their obligations under this Lease in accordance with <br /> its intent. <br /> e)Survival. Notwithstanding anything herein to the contrary, provisions of this Lease requiring <br /> continued performance, compliance, or effect after termination hereof, shall survive such termination <br /> and shall be enforceable by the State Land Board if Lessee fails to perform or comply as required. <br /> f) Binding Effect. This Lease and the rights and obligations created hereby shall be binding upon and <br /> shalt inure to the benefit of the parties hereto and their respective successors and assigns. <br /> g) Modification or Amendment. <br /> 1) By the Parties. Except as specifically provided in this Lease, modifications of this Lease shall not <br /> be effective unless agreed to in writing by the parties in an amendment to this Lease. <br /> 2) By Operation of Law. This Lease is subject to such modifications as may be required by changes <br /> in Federal or Colorado State law, or their implementing regulations. Any such required modification <br /> automatically shall be incorporated into and be part of this Lease on the effective date of such <br /> change, as if fully set forth herein. <br /> h) Governing Law and Venue. This Lease and its application shall be construed in accordance with the <br /> laws of the State of Colorado. The parties agree that venue for any litigated disputes regarding this <br /> Lease shall be Denver County. <br /> i) Counterparts. This Lease may be executed in multiple identical original counterparts, all of which <br /> shalt constitute one Lease. <br /> j) No Third-Party Beneficiaries. Enforcement of this Lease and all rights and obligations hereunder <br /> are reserved solely to the parties. Any services or benefits which third parties receive as a result of this <br /> Lease are incidental to the Lease, and do not create any rights for such third parties <br /> k) Non-Business Days. If the date of any action under this Lease falls on Saturday, Sunday or a day <br /> recognized as a holiday by the State of Colorado, then the relevant date shall be extended <br /> automatically until the next day that is not Saturday, Sunday or a holiday. <br /> GL 112927 Revised DOL 11/2018 <br /> Page 11 of 14 <br />