Laserfiche WebLink
8 <br />4. Conditions Precedent <br /> <br />BAI’s and Loloff’s obligation to perform the tasks identified in Paragraphs 3(A)(1) through <br />3(A)(3), hereof, to the extent not already required by applicable law, shall commence upon <br />execution of this Agreement, except that obligations relating to the Amendment Area shall <br />be triggered by commencement of mining operations therein. <br /> <br />5. No Admissions <br /> <br />By entering this Agreement, no Party makes any admissions as to the possible effects of existing <br />and planned mining operations on the Koehler Wells. <br /> <br />6. Term <br /> <br />The Term of this Agreement shall be from its execution until DRMS releases the reclamation <br />bonds on the Loloff and Derr Pits, including the Amendment Area. Obligations created herein <br />relating to only one of the pits shall terminate with the release of the reclamation bond for that pit. <br /> <br />7. Preservation of Future Claims <br /> <br />Nothing in this Agreement is intended to prevent Koehler from asserting future claims regarding <br />the Koehler Wells to the extent such claims are supported by evidence establishing that the claims <br />are based on impacts caused by operations at the Loloff and/or Derr Pits, including the Amendment <br />Area, occurring after execution of this Agreement, and provided that Kohler has provided <br />continuous access for well monitoring as required in Paragraph 3(A)(4)(b)(ii ) hereof. <br /> <br />8. General Provisions <br /> <br />A. This Agreement shall be construed according to the applicable laws of the State of <br />Colorado. Proper venue for any action to enforce the terms, or arising from the <br />breach, of this Agreement is in Weld County, Colorado. <br /> <br />B. Failure of any Party to insist, in any one or more instances, upon the performance <br />of any of the terms, covenants, or conditions of this Agreement, or to exercise any <br />of its rights, shall not waive such term, covenant, condition, or right with respect to <br />future performance. <br /> <br />C. Partial or complete invalidity of any one or more provisions of this Agreement shall <br />not affect the validity or continuing force and effect of any other provision. <br /> <br />D. This Agreement has been negotiated between and among the Parties, each of whom <br />had adequate opportunity to consult legal counsel. Therefore, this Agreement shall <br />not be interpreted against any Party as the “drafter,” but shall be construed in a <br />neutral manner. <br />