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mediator. If the parties cannot agree upon a mediator in such ten-day period, then, <br />within the next five business days, each party shall select a mediator, and the two <br />selected mediators shall, within five business days of their selection by the parties, <br />work together to appoint a mediator that will preside over the mediation. Said <br />mediation shall occur, if at all, within 30 days of the mediator being appointed. The <br />parties shall share the mediator's fee and any filing fees equally. If the parties do <br />not resolve the dispute through mediation pursuant to this paragraph, the method of <br />dispute resolution shall be litigation in a court of competent jurisdiction in the State <br />of Colorado. LESSOR AND LESSEE HEREBY WAIVE THE RIGHT TO TRIAL <br />BY JURY AND HEREBY AGREE THAT ANY CASE SHALL BE TRIED TO A <br />JUDGE. Except as otherwise provided in this Lease, the parties each agree that <br />each shall not be entitled to recover from the other any damages besides direct and <br />actual damages, and shall not recover any consequential, indirect, punitive, <br />exemplary, special or any other kind or type of damages. <br />in. This Lease may be executed in one or more counterparts, each of which shall be <br />deemed an original, but all of which together shall constitute one and the same <br />instrument. The Parties consent to the use of electronic signatures and agree that <br />the transaction may be conducted electronically pursuant to the Uniform Electronic <br />ransac ions Act, - - , e seq., S. igna ures y acsimi e ax , <br />electronic mail (email), or digital execution (Docusign) shall be as binding and <br />valid as execution by original signatures. <br />IN WITNESS WHEREOF the parties have executed this Lease as of the day and year first <br />above written. <br />LESSOR: <br />Wyatt C. Kestor <br />LESSEE: <br />RMS Utilities, Inc. <br />1�4 i�� - <br />By: Nveff Malouff, Vice President <br />Car A. Kester <br />