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r <br /> Julv 2020 DL RO01-19LM70250 <br /> selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this <br /> warranty,the Government shall have the right to cancel this Lease without liability,or in its discretion,require the <br /> Lessee to pay to DOE the full amount of such commission,percentage,brokerage,or contingent fee. <br /> XXVIL DISPUTES <br /> (a) Except as otherwise provided in this Lease,any dispute concerning a question of fact arising under <br /> this Lease,which is not disposed of by mutual agreement,shall be decided by the Realty Officer,who shall reduce <br /> his or her decision to writing and mail or otherwise furnish a copy thereof to the Lessee. The decision of the Realty <br /> Officer shall be final and conclusive unless within thirty(30)days from the date of receipt or such copy,the Lessee <br /> mails or otherwise furnishes to the Realty Officer a written appeal addressed to DOE.The decision of DOE for the <br /> determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction <br /> to have been fraudulent,capricious,arbitrary.so grossly erroneous as necessarily to imply bad faith,or not <br /> supported by substantial evidence. In connection with any appeal proceeding under this clause,the Lessee shaL be <br /> afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a <br /> dispute hereunder,the Lessee shall abide by the Realty Officer's decision. <br /> (b) I'he provisions of paragraph(a)above do not preclude consideration of questions of law,provided <br /> that nothing in this Lease shall be construed as making final the decision of any administrative official, <br /> representative,or board on a question of law. <br /> XXVIII. HEIRS AND SI1C('LSSORS-IN-IN'I'ERES 1'. Each obligation hereunder shall extend to and be binding <br /> upon,and every benefit hereof shall inure to,the heirs,executors,administrators,successors,or assigns of the <br /> respective parties hereto. <br /> XX1X. MEMORANDUM FOR RECORDING If the Lessee so requests,the parties agree to execute a mutually <br /> agreeable written memorandum herewith sufficient to be entitled to be recorded under the laws of the State of <br /> Colorado.reciting that all of their right,title,and interest in and to the Property is held subject to this Lease,arc!that <br /> DOF,has reserved the royalties described in this Lease,which memorandum Lessee may place of record in the <br /> appropriate County.Upon termination ofthis lease,Lessee agrees to execute documentation,which will also be <br /> recorded appropriately,showing that the Lease has terminated. <br /> - 12- <br />