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enforce this Agreement, the prevailing parry shall recover reasonable attorney's fees <br /> and costs incurred in that action or proceeding. <br /> 3.2. Reading this Agreement. The Parties have entered into this Agreement voluntarily, <br /> having fully read and fully understood the meaning and effect of all of its terms and <br /> provisions, and fully understanding its effects and consequences. <br /> 3.3. Amendment or Modification. No modification of this Agreement,or any of its <br /> provisions, and no waiver of the terns and conditions of this Agreement, shall be <br /> binding on any Party unless approved in an additional writing to which each of the <br /> affected Parties are signatories. <br /> 3.4. Choice of Law. This Agreement has been executed and delivered in the State of <br /> Colorado and its validity, interpretation,performance, and enforcement shall be <br /> governed by the laws of the State of Colorado. <br /> 3.5. Venue. The Parties agree to submit to the personal jurisdiction and venue of the District <br /> Court for the County of Rio Grande or the United States District Court in Denver, <br /> Colorado, as applicable for a resolution of all disputes arising in connection with the <br /> interpretation, construction, and enforcement of this Agreement, and hereby waive any <br /> claim or defense therein that this Court constitutes an inconvenient forum. <br /> 3.6. Severability. If any provision,term, or condition of this Agreement shall be judicially <br /> determined to be invalid, unenforceable,or illegal for any reason, including waiver of <br /> any particular right,the other portions of this Agreement shall nevertheless continue in <br /> full force and effect, including waiver of other rights, even though such waiver may be <br /> contained in the same sentence. If such provision is declared invalid or unenforceable <br /> due to its scope or breadth, such provision shall be deemed valid to the extent of the <br /> scope or breadth permitted by law. <br /> 3.7. Other Agreements. With respect to its subject matter,this Agreement supersedes any <br /> and all prior or contemporaneous agreements, oral or written,between or among the <br /> Parties, and constitutes a complete and exclusive statement of the terms of the <br /> agreement between or among the Parties with respect to its subject matter. <br /> 3.8. Counterparts. This Agreement may be executed in multiple counterparts with the same <br /> effect as if all signing Parties had signed the same document. All counterparts <br /> comprising the signatures,collectively of all the Parties, shall be construed together and <br /> constitute the same instrument. Originally signed counterparts that are transmitted by <br /> facsimile or email shall have the same force and effect as originals only upon the event <br /> of the execution of the Agreement by all the Parties. <br /> 3.9. Headings. The headings used in this Agreement are for the purpose of reference only <br /> and will not otherwise affect the meaning or interpretation of any provision of this <br /> Agreement. <br /> Settlement Agreement Page 4 of 5 <br /> Burton Farms,LLLP <br /> Southway Construction Company,Inc.of Alamosa <br /> Doc ID:66fad0c58627aec25d26f6a5d8ece84ca0e7b8e1 <br />