2021-11-15_PERMIT FILE - M2021066

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Sanders Gravel Pit Exhibit A-5:Easement for Existing Access Road (e) Headines and Exhibits. The captions and headings aced in this Agreement are intended sole] for convenience of reference, and shall not be considered in construinC,g any of y the provisions of this Agreement. All of the Exhibits attached hereto are incorporated into this Agreement by reference. (f) Gender and Number. In this Agreement, the singular number shall include the plural, the plural the singular, and use of any gender shall include all other genders, as appropriate. (g) Governing Law. This Agreement shall be governed by and construed under the laws of the state of Colorado,without regard to conflict of laws principles. (h) Owners' Addresses. Each Owner shall notify the other Owners of its address for purposes of this Agreement. Billings, notices and other communications to Owners from the other Owners shall be sent to such addresses, Any Owner may change its address for purposes of this Agreement by giving notice to the other Owners at the addresses specified pursuant to this Section. In the event any Owner shall not specify its address for purposes of this Agreement, the address of such Owner reflected on the property tax records of the Routt County, Colorado assessor shall be used for purposes of this Agreement. Notices shall be deemed received the earlier of actual receipt or five (5) business days after deposit in United States mail, an postage prepaid d ., addressed as indicated above, (i) Arbitration. Except as otherwise provided in this Section 8(i), any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, or the rights or obligations of the parries hereto shall be determined and decided through binding arbitration in Routt County, Colorado before a single neutral arbitrator. The arbitration proceeding shall he subject to the provisions of the Colorado Uniform Arbitration Act, Colo. Rev. Stat. §13-22-201, et seq. or the corresponding provisions of any subsequent law. The arbitrator shall be selected by mutual agreement of the parties to the arbitration, provided that if the parties fail to agree on a single neutral arbitrator within fifteen (15) days after the initial demand for arbitration,any party may petition a court of competent jurisdiction in Routt County, Colorado to appoint a single neutral--arbitrator, and the arbitrator selected by"the court shall conduct the proceedings. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties shall not be required to arbitrate proceedings in which the relief claimed includes the foreclosure of a lien pursuant to Section 7(c), and in any such proceeding brought in court the court shall have authority to decide all issues in the controversy. 620829 Page: 10 of 26 06/2312005 12�48, Kay 5;ainl&nd Rowlt COinty, CO EASVENT R 131,00 0 O.eO