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attorneys'fees,arising out of,relating to,or resulting from this Agreement,Wellington's use of the Easement <br /> Area,or the Operations.Wellington shall obtain sufficient insurance to insure its indemnity obligations under <br /> provision. Wellington acknowledges and agrees that CNG shall not be liable to Wellington for any loss, <br /> damages,cost suffered by Wellington,including lost profits or revenues,arising out of,related to,or resulting <br /> from this Agreement,Wellington's use of the Easement Area,or its Operations. <br /> 4. Dispute Resolution. Any disputes arising out of or relating to this Agreement shall be exclusively resolved <br /> through litigation in the state or federal courts located in Denver,Colorado.The Parties agree to submit to <br /> the exclusive personal jurisdiction of such courts.The law of the State of Colorado shall apply in litigation, <br /> without regard to conflict of law provisions.In the event any matter arising under this Agreement should be <br /> litigated or submitted to arbitration,the prevailing party shall be entitled to recover its reasonable attorney's <br /> fees and costs of litigation/arbitration.Each Party agrees that it will not bring,join,or participate in any class <br /> action relating to this Agreement. <br /> 5. Waiver of Trial by Jury. EACH PARTY EXPRESSLY WAIVES, TO THE FULLEST EXTENT <br /> PERMITTED BY LAW,ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION <br /> ARISING DIRECTLY OR INDIRECTLY UNDER OR IN CONNECTION WITH THIS AGREEMENT. <br /> THIS WAIVER IS GIVEN KNOWINGLY AND VOLUNTARILY BY THE PARTIES AND IS <br /> INTENDED TO ENCOMPASS EVERY ISSUE AS TO WHICH A TRIAL BY JURY WOULD <br /> OTHERWISE BE AVAILABLE. THIS WAIVER OF RIGHT TO TRIAL BY JURY SHALL SURVIVE, <br /> TERMINATION OF THIS AGREEMENT. <br /> 6. Recording. This Agreement shall be recorded in Teller County. <br /> 7. Notice. All notices and other communications required or permitted under this Agreement shall be in writing <br /> and shall be deemed sufficiently served if served by: (i) electronic mail with read receipt received; (ii) <br /> certified mail,postage prepaid, return receipt requested; or(iii)overnight carrier, addressed below, or as <br /> modified in writing by the Parties. Notices so sent shall be effective upon receipt,or upon attempted delivery, <br /> if such notice is not accepted by the recipient. <br /> To CNG: Colorado Natural Gas,Inc. <br /> c/o Summit Utilities,Inc. <br /> Attn:Legal Department <br /> 10825 E.Geddes Avenue,Suite 410,Centennial,CO 80112 <br /> Email:legal@SummitUtilitieslnc.com <br /> To Wellington: W lington Cattle <br /> Phone: y 3 3"v7 LU <br /> Facsimile?lv/.7' <br /> Email: 6/nrr/A'I/ 6,-K 9F c.--I <br /> 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and <br /> their successors and assigns,but shall not insure to the benefit of any other third party. <br /> 9. Severability. If any portion of this Agreement shall be determined by a court of competent jurisdiction to be <br /> invalid or unenforceable, the remainder shall not be affected and shall be enforceable to the fullest extent <br /> permitted by law. <br /> 10. Amendments.This Agreement can be amended only by an instrument in writing signed by an authorized <br /> representative of each Party. <br />