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6 <br /> <br />VII. Preservation of Future Claims <br /> <br />Nothing in this Agreement is intended to prevent Murata from asserting future claims regarding <br />the Murata well to the extent such claims are supported by evidence establishing that the claims <br />are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution <br />of this Agreement, and that Murata has provided continuous access for well monitoring as required <br />in Paragraph III.B.3. hereof. <br /> <br />VIII. 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 /> <br />E. This Agreement constitutes the entire agreement of the Parties regarding the subject <br />matter hereof and supersedes all prior negotiations, understandings, conversations, <br />correspondence, and agreements between the Parties. Unless otherwise set forth <br />herein, this Agreement may not be modified or amended, except by a writing signed <br />by all Parties. <br /> <br />F. This Agreement binds the Parties, their successors, and assigns. No Party shall <br />assign or transfer its interest in this Agreement without the prior written consent of <br />the others, which shall not be unreasonably withheld. <br /> <br />G. This Agreement may be executed in one or more counterparts, each of which shall <br />be considered an original but all of which taken together shall constitute one and <br />the same legal instrument. <br /> <br /> <br />IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the <br />date first written above. <br />